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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Prabh Dayal – Appellant
Versus
Kala Devi (since deceased), through her LRs. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment and decree dated 04.07.2006, passed by learned District Judge, Mandi, District Mandi, H.P (hereinafter referred to as the First Appellate Court) vide which the judgment and decree 23.09.2005, passed by learned Civil Judge (Senior Division), Sundernagar, District Mandi, H.P. ( learned Trial Court) were upheld. (For the sake of convenience, the parties shall be referred to in the same manner as they were arrayed before the learned Trial court.
2. Briefly stated, the facts giving rise to the present appeal are that the plaintiffs filed a civil suit before the learned Trial Court for seeking declaration that the plaintiff No. 1 is owner of 3/5th shares each, and plaintiffs No. 2 to 5 are owners of 1/10th share in the suit land described in para 1 of the plaint by virtue of Will dated 13.03.1958 executed by late Padu, defendants have no right, title or interest in the suit land, the revenue entries to the contrary are not binding upon the plaintiffs, and the sale deed, executed by defendant No. 1 in favour of defendant No. 3 on 09.11.1998, is void, illegal and confers no right, title or interest upon the def
The burden of proving the execution of a Will rests on the propounder, who must dispel any suspicious circumstances to establish its validity.
(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....
A will's validity requires proof of execution, with the burden resting on its propounder to eliminate any suspicious circumstances surrounding its execution.
The burden to disprove a Will lies with contesting parties after the propounder meets initial proof requirements; mere non-registration or signature comparison is insufficient to establish suspicious....
The propounder of a Will bears the burden to prove its validity and must dispel any suspicious circumstances regarding the execution and the testator's mental capacity.
In a suit for declaration of title and recovery of possession, the burden lies on the plaintiff to prove title on the strength of his/her own case and he/she cannot rely upon the laches or weaknesses....
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