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2023 Supreme(P&H) 1543

ANUPINDER SINGH GREWAL
Karam Chand Sandhu – Appellant
Versus
Kaushalya Devi – Respondent


Advocates appeared:
For the Parties : Mr. Sandeep Bansal, Mr. C.L. Sharma, Mr. Ravinder Rana

Judgment

Mr. Anupinder Singh Grewal, J.

The appellant has challenged the judgments and decree of the Courts below whereby the suit preferred by the respondents-plaintiffs for declaration and in the alternative for joint possession has been decreed to the extent of 1/4° share of respondent No.1-plaintiff in the suit property and the appeal thereagainst has been dismissed.

2. Learned counsel for the appellant submits that the suit land was owned by the appellant-defendant and mutation had been validly carried out. He had become the owner on account of Will dated 15.04.1977 duly executed by his father Piara Singh in his favour. He further submits that the Will had been duly proved as an attesting witness had been examined. He has cited the judgment of the Supreme Court in the case of P.S. Sairam and another versus P.S. Rama Rao Piisey and others , 2004 (1) Apex Court Judgments 356 (S.C.) in support of his submission that examination of one witness would be sufficient to prove the Will. He also submits that the mother of the appellant- defendant and respondent No.1-plaintiff namely Maya Devi is the most important witness. She has fully supported the execution of the Will and has also fu

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