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2018 Supreme(P&H) 670

ANIL KSHETARPAL
Jarnail Singh – Appellant
Versus
Pal Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. G.S.Punia, Sr. Advocate, with Ms. Harpreet Kaur, Advocate
For the Respondent:Mr. Amit Jain, Advocate

JUDGMENT :

ANIL KSHETARPAL, J.

1. Plaintiffs-appellants are in regular second appeal against the concurrent findings of fact arrived at by the courts below.

2. The question which needs consideration is:-

“whether the evidence of a Sub-Registrar and the scribe can be relied upon to prove the execution of a registered Will in accordance with Section 69 of the Evidence Act, 1872, particularly when Sub-Registrar personally knows the executant and the attesting witness?

3. Estate of Asa Ram, predecessor-in-interest of the parties, who died on 06.11.1984, is in dispute. Asa Ram executed a registered will on 28.02.1983, giving ½ share of the property to defendants no.1 and 2 i.e. his sons Pal Singh and Kashmira Singh and remaining ½ share of the property to Jarnail Singh plaintiff no.1, Kehar Singh plaintiff no.2, Harnek Singh, defendant no.3 and Kartar Kaur defendant no.4, widow. Whereas the defendants had set up a registered Will dated 07.10.1983, bequeathing the property in a different manner amongst children.

4. It may be significant to note that the registered Will dated 07.10.1983 do make a reference to earlier Will dated 28.02.1983 and cancels the previous one. It is further not in dispu














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