Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Khushal Chand – Appellant
Versus
Kanchna Devi – Respondent
JUDGMENT :
Romesh Verma, J.
The present appeal arises out of the judgment and decree, dated 28.10.2015, as passed by the learned District Judge, Hamirpur, whereby the appeal preferred by the respondents/defendants has been allowed and the suit filed by the appellants/plaintiffs was ordered to be dismissed.
2 Brief facts of the case are that the appellants/plaintiffs filed a suit in the Court of learned Civil Judge (Junior Division), Court No.II, Hamirpur on 21.8.2006 for declaration with consequential relief of permanent prohibitory injunction. In the plaint, it was averred by the appellants/plaintiffs that the land entered in Khata No. 97, Khatauni No. 98, Khasra Nos.22-27-84-87-273-276-372-384- 387-89-917 kitas 11, land measuring 70 kanals 15 marlas as per jamabandi for the year 1999-2000, situated in Tika Daruhi, Mouza Bajuri, Tehsil and District Hamirpur to the extent of 1/5th share i.e. land measuring 14 Kanals 3 Marlas (for short, “suit land”) is shown to be under the ownership and possession of Chiri Devi. It was further averred that Chiri Devi was the sole owner of the suit land and she expired on 27.5.2006 leaving behind plaintiffs/appellants, defendant/respondent No.2 and pr
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....
(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 proponent of a Will must dispel any suspicious circumstances surrounding its execution; mere assertion is insufficient to establish validity.
A will's validity requires proof of execution, with the burden resting on its propounder to eliminate any suspicious circumstances surrounding its execution.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
