The propounder of a Will must prove its execution and remove all suspicious circumstances, while the doubter of the Will cannot remain silent but must produce material to create doubt.

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. This court has heard learned counsels for the parties at length and with their able assistance gone through the judgments passed by the courts below and the record.

7. Learned senior counsel appearing for the appellant has submitted that the Will is surrounded by suspicious circumstances as in the written statement defendants have not pleaded that Sub-Registrar came to the hospital to register the Will. He further submitted that Smt Tej Kaur had suffered a brain hemorrhage on 11.02.2001 and Dr. Surinderjit, who has appeared as PW8 has stated that late Smt. Tej Kaur was unconscious as per report. He further drew attention of the Court to Ex.PW9/l, a certificate issued by Dr. J.S.Sarao, who was working in the hospital where late Smt. Tej Kaur was admitted in which it has been certified that no Will has been executed in the hospital premises. He further drew attention of the court to the evidence of DW8, a registry clerk, who has stated that there are cuttings/tampering on the Will. He has also submitted that late Smt. Tej Kaur had executed a General Power of Attorney in favour of Sh. Teja Singh, her brother on 20.03.2001, which was cancelled. On the same day a fresh General Power of Attorney was executed in favour of Gursharan Singh.

8. On the other hand, learned counsel for respondent no.l has pointed out that in the written statement, only facts are required to be pleaded and that also in concise form as provided in Order 6 Rule 2 of the Code of Civil Procedure and hence the evidence is not required to be pleaded. He further submitted that no doubt late Smt. Tej Kaur had suffered brain hemorrhage on 11.02.2001 and hence she was immediately moved and got admitted in Amar Hospital, Patiala, but that was a mild brain hemorrhage and she recovered within 2 days. Since, she was old and therefore, she expressed her wish to execute a Will and, therefore, advocate, attesting witnesses and sub-registrar were requested and they executed and registered the Will in the hospital itself. He has submitted that the statement of Dr. Surinderjit, PW8 is vague as he has just stated that at the time of admission the patient was unconscious but there is no certification that she was not conscious at the time of execution of the Will. The Will was executed and registered after a period of 5 days from the date she was admitted in the hospital. He further pointed out that late Smt. Tej Kaur was discharged from the hospital on 21.02.2001 and thereafter she lived for a period of 3 months. He further pointed out that the statement of registry clerk is factually incorrect as there is neither any cutting nor any tampering on the Will which is Ex.DWl/2. He further submitted that late Smt. Tej Kaur was hail and hearty after having suffered a initial set back and it was for this reason s