JUDGMENT

Anil Kshetarpal, J. - Defendant-appellant is in the regular second appeal against the concurrent findings of fact arrived at by the Courts below.

2. In the considered view of this Court, question of law which arises for consideration is:-

"Whether judgments passed by the Courts below are based upon conjectures and surmises while discarding the testament?"

3. Some facts are required to be noticed. Family of Sh. H.L. Seth consisted of his wife (Vidya Wati) and four daughters (Sudarshana Narang, Smt. Nirmal, Smt. Veena Sondhi and Meenakshi Madan @ Chanderbala).

4. Vidya Wati (wife) died on 17.12.1989 whereas Smt. Nirmal died issueless in the year 1981 and Veena Sondhi died on 10.09.1994.

5. Sh. H.L. Seth, the testator, retired from Haryana State Electricity Board and thereafter he started working as Personal Assistant to the Managing Director of M/s Meters and Instruments Private Ltd., Industrial Area Phase -I, Chandigarh where he continued to work till 31.03.1995.

6. Late Sh. H.L. Seth executed a testament dated 26.01.1995 bequeathing his property in favour of his daughter Meenakshi Madan @ Chander Bala. The testament is attested by two witnesses; one Sudarshana Kumari, one o