The implicit directions of the testator in attestation and the optional nature of registration of the testament.

JUDGMENT

Mr. Anil Kshetarpal, J. - The plaintiffs-appellants are in the regular second appeal against the concurrent findings of fact arrived at by the courts below.

2. The dispute in the present case is with regard to the estate of late Shri Raj Kumar Prashar, who had executed a registered testament (Will) in favour of his two sons from first wife. Second wife and her daughter have challenged the validity of the testament.

3. Learned senior counsel appearing on behalf of the appellants has submitted that the execution and registration of the testament has not been proved in accordance with Section 68 of the Evidence Act, 1872. He has further submitted that Lakha Singh, attesting witness, is beneficiary under the sale-deed, executed by late Shri Raj Kumar Prashar and, therefore, his evidence cannot be relied upon. He has next submitted that the sale-deed executed by late Shri Raj Kumar Prashar is also doubtful as Lakha Singh was not able to produce a copy of For Subsequent orders see CM-13505-C-2018 the sale-deed. He has further submitted that photograph of the Sub-Registrar with the attesting witnesses has not been affixed on the testament, as per instructions. He has finally argued that second attesting witness namely Maan Singh has not been examined.

4. On the other hand, learned counsel for the respondents, while referring to the evidence of Lakha Singh, has pointed out that Lakha Singh, the attesting witness, has fulfilled the requirements of Section 68 of the Evidence Act. He has further contended that late Shri Raj Kumar Prashar had executed the testament after making sufficient arrangement for the plaintiffs. It has come on record that late Shri Raj Kumar Prashar purchased a house out of which 1/4th share was purchased in the name of the plaintiff No. 1. Still further Raj Kumar Prashar also got purchased Property No. 74-75, Transport Nagar, Jalandhar in the name of plaintiff No. 1, which is fetching good rent. It has also come in the evidence that the plaintiff No. 1 also purchased a plot with the finance provided by late Shri Raj Kumar Sharma in New Baradari Nedar Medical College, Garha Road, Jalandhar. He has next submitted that Lakha Singh was not only purchaser of the property instead he was one among the many purchasers of the property. Therefore, non-production of sale-deed would not be taken as a ground to hold that the testament is surrounded by suspicious circumstances.

5. Before this Court deals with the argument of learned senior counsel for the appellants, it may be significant to note here that the testament was executed on 20.12.2000 and it was registered on 21.12.2000, that is the next day. Photograph of the executants and photograph of witnesses are printed on the reverse side of the testament. It has come in the evidence that photograph is of late Shri Raj Kumar Prashar. On 20.12.2000 late Shri Raj Kumar Prashar sold the land measuring 3 kanals and few marlas. The aforesaid sale-deed was also registered on 21.12.2000, that is the next day. On both the aforesaid documents For Subsequent orders see CM-13505-C-2018 i.e. sale-deed and the testament, photograph of the executant has been printed while standing with the Sub-Registrar. The validity of the sale-deed has not been challenged by the plaintiffs.

6. With regard to the first argument of learned senior counsel for the appellants, it may be noted that Lakha Singh when appeared in the witness box, he stated that it had read over and after admitting the contents thereof as correct, Raj Kumar Prashar signed the testament in his presence as well as in the presence of other attesting witness namely Maan Singh, Lambardar. He further stated that both the attesting witnesses signed in the presence of Raj Kumar Prashar, executant as well as in the presence of each other and Raj Kumar Sharma also signed at the bottom of the testament. Raj Kumar Prashar also signed the testament on 21.12.2000 in the presence of Sub-Registrar when registration of the testament took