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RAKESH KAINTHLA
Surender Kumar – Appellant
Versus
Palmo Devi – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present appeals are directed against the judgment and decree dated 22.4.2022, passed by learned Additional District Judge, Kullu, District Kullu, H.P. vide which the appeal filed by the respondent(plaintiff before the learned Trial Court) was allowed and the cross objections filed by the appellant (defendant before the learned Trial Court) were dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present appeal are that the plaintiff filed a civil suit before the learned Trial Court for seeking a declaration that she is the owner in possession of the suit land as mentioned in para-1 of the plaint, and mutation No. 10222 regarding the suit land in favour of defendant is wrong, illegal, null and void. It was pleaded that the plaintiff is the legally wedded wife of Bir Chand and the marriage between them was solemnized as per the customs 50 years back before the filing of the suit. The plaintiff is the legally wedded wife of Beer Chand. She discharged her matrimonial obligations faithfully. No issue was born to the
(1) Proof of execution of Will – Mere nomenclature of a person in Will as an Identifier is not sufficient to hold that Will was not attested by two witnesses.(2) High Courts should restrain itself fr....
The burden of proving the execution of a Will rests on the propounder, who must dispel any suspicious circumstances to establish its validity.
A will's validity requires proof of execution, with the burden resting on its propounder to eliminate any suspicious circumstances surrounding its execution.
Propounder proves Will via scribe and attesting witnesses; minor contradictions and beneficiary caregiver presence not suspicious circumstances; second appeal High Court cannot re-appreciate evidence....
Failure to amend pleadings post-trial without due diligence limits claims, and a will's validity requires testimony from attesting witnesses to overcome burdens of proof and dispel doubts.
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