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MANISHA BATRA
Sampuran Singh (Since Deceased) Through His Legal Representatives – Appellant
Versus
Bachni – Respondent
JUDGMENT
Manisha Batra, J.
The instant appeal has been preferred challenging the judgment and decree dated 03.05.1990 passed in Civil Appeal No.77 of 1988 titled as Sampuran Singh and another v. Bachni whereby the judgment and decree dated 27.05.1988 passed in Civil Suit No.431 of 1985 titled Sampuran Singh and others v. Bachni thereby dismissing the suit had been upheld.
2. For the sake of convenience, the parties shall be referred to as per their original nomenclature as given in the suit.
3. The brief matrix of the case is that the aforementioned suit had been filed by the plaintiffs on the averments that Mihan Singh @ Mehma Singh who was real brother of the plaintiffs No.1 and 2 was co-sharer to the extent of 1/3rd share in the agricultural land detailed out in the head note of the plaint (hereinafter to be mentioned as the "disputed land"). In June 1970, the joint properties of the plaintiffs Nos.1, 2 and Mihan Singh were partitioned by virtue of a family settlement and thereby, the disputed land had fallen to the share of plaintiffs No.1 and 2 wherein they constructed a house and the house which has been shown in the site plan annexed with the plaint had fallen to the share of
A proponent of a Will must dispel any suspicious circumstances surrounding its execution; mere assertion is insufficient to establish validity.
The propounder of a Will must dispel any suspicious circumstances surrounding its execution to establish its validity.
The main legal point established in the judgment is the fulfillment of legal requirements for proving a Will and the production of sufficient evidence to remove suspicious circumstances, thereby upho....
Suit for partition - Partial partition not permissible - Admission of parties - Will duly established and cannot be held to be forge or fabricated one.
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