VALMIKI J. MEHTA, J (ORAL)

1. This first appeal is filed under Section 299 of the Indian Succession Act, 1925 impugning the judgment of the probate court dated 3.11.1993 by which the probate court dismissed the probate petition filed by the petitioner. Petitioner is in no way related to the deceased Asa Singh whose Will dated 8.5.1974 was sought to be got probated.

2. The facts of the case are that the appellant/petitioner propounded the Will dated 8.5.1974 of the deceased testator Asa Singh. Asa Singh was the owner and resident of House no.1/455, Gali Rajan Kalan, Kashmere Gate, Delhi. Asa Singh died on 29.9.1975. The Will dated 8.5.1974 which is relied upon is said to have been registered with the sub-Registrar on 9.5.1974 i.e. on the next day of the execution. Petitioner claims that though he was not related to the deceased testator, since he took care of deceased testator Asa Singh and his wife Bhagwanti; physically and financially; during their life time, the deceased testator hence treated him like a son and thus bequeathed to him the Kashmere Gate property.

3. Initially, before the court below, the probate petition proceeded till the stage of completion of eviden