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1975 Supreme(P&H) 143

RAJENDRA NATH MITTAL
Parsa Singh – Appellant
Versus
Parkash Kaur – Respondent


Judgment

1. This revision petition has been filed by Parsa Singh, plaintiff, against the order of the Subordinate Judge 1st Class, Batala, dated 12.12.1973.

2. Briefly the facts of the case are that the property in dispute originally belonged to Bal Singh, deceased, resident of village Sagarpura. Smt. Tej Kaur, the predecessor-in-interest of the plaintiffs, was the owner of land situated in village Basrai. She exchanged the land in dispute with Bal Singh. The said Smt. Tej Kaur executed a will in favour of the plaintiffs on 18.04.1958, regarding the property in dispute. They instituted a suit for possession of the land in dispute as heirs of Smt. Tej Kaur. The defendants contested the suit and denied the allegations of the plaintiffs, inter alia, pleading that no will was executed by Smt. Tej Kaur in favour of the plaintiffs. When the evidence was being led, the plaintiffs made an application seeking permission to lead secondary evidence regarding the will which was alleged to have been executed by Smt. Tej Kaur in their favour on the ground that the original one had been lost. The application was contested by the defendants. The trial Court dismissed the application on the ground t






































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