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2019 Supreme(P&H) 2724

ANIL KSHETARPAL
Randhir Singh (now Deceased) Through Lrs. – Appellant
Versus
Jasdev Singh & Ors. – Respondent


Advocates Appeared:
Mr. S.D.Sharma, Sr. Advocate with Mr. Ved Priya Malik, Advocate and Mr. K.R.Sharma, Advocate, for the Appellant; Mr. Deepak Bhardwaj, Advocate, for the Respondent

JUDGMENT

Anil Kshetarpal, J. (Oral) - Plaintiff-appellant is in the regular second appeal against the concurrent findings of fact arrived at by both the courts below dismissing the suit filed for declaration that he is owner of the property left behind by Tej Kaur wife of Randhir Singh.

2. Plaintiff claims succession on the ground that Tej Kaur died intestate and hence property left behind was succeeded to by her husband Randhir Singh, who has executed a Will in their favour.

3. Tej Kaur and Randhir Singh were issueless. Hence, the entire dispute is with regard to the estate left by Tej Kaur, who died on 13.05.2001. Defendants contested the suit and pleaded that Randhir Singh had left her and had contracted second marriage with whom he was residing and, therefore, late Smt. Tej Kaur started residing separately from her husband in the village. She executed a registered Will in favour of grand children of her sister Surjit Kaur.

4. The Will has been proved through examination of both the witnesses, namely, Randhir Singh and Manjinder Singh, Nambardar. Scribe Sh. Sandeep Walia, Advocate, has also been examined.

5. On the basis of the evidence, both the courts have dismissed the suit.

6. Thi

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