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2007 Supreme(P&H) 2022

RAJESH BINDAL
Surjit Kaur – Appellant
Versus
Harchand Singh – Respondent


Advocates:
For the Appellant:Ms. G.K. Hundal, Advocate.
For the Respondent No.1:Mr. R.D. Bawa, Advocate.

JUDGMENT

Rajesh Bindal, J.: The plaintiff is in appeal before this Court against the concurrent findings of fact by both the Courts below whereby suit for declaration, joint possession and permanent injunction filed by her was dismissed.

2. The claim made in the suit is that she being one of the legal heir of deceased Harnam Singh (one of the daughters), who expired on August 17, 1985 was entitled to inherit his estate alongwith other legal heirs. Harnam Singh died leaving behind one son and four daughters. The suit was filed on April 4, 1994. While contesting the suit, respondent No.1/defendant No. 1 son of deceased Harnam Singh claimed right on the property on the basis of a registered will executed by Harnam Singh in his favour on October 15, 1979. The claim made by the appellant was rejected and the plea of will set up by respondent no.1/defendant no.1, the only son of deceased Harnam Singh was accepted by both the Courts below as will was found to be duly executed and registered document without any inducement or threat. It was concurrently found by both the Courts below that there was no suspicious circumstance leading to the execution of will, which was registered on October




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