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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Prem Kaur (Deceased) through her LRs. – Appellant
Versus
Jasmer Singh – Respondent
JUDGMENT :
VIRINDER AGGARWAL , J .
1. At the threshold, this appeal commands the attention of this Court, the appellant–plaintiff having instituted the present Regular Second Appeal (for short ‘RSA’) impugning the judgment and decree dated 30.09.1992 of the learned Additional District Judge, Patiala, which confirmed the findings of the learned trial Court. The trial Court, vide its judgment and decree dated 11.08.1990, passed by the learned Sub-Judge Ist Class, Nabha, had dismissed the suit filed by the appellant–plaintiff seeking declaratory relief. The appellant challenges the concurrent findings of the Courts below as being legally unsustainable and factually erroneous.
2. As set forth in the pleadings, the appellant contends that she approached the learned Trial Court seeking a declaratory decree, founded upon the following contentions:-
“The plaintiff instituted the present suit seeking a declaration that she is the rightful owner of a one-half share in the land comprised in Khewat No. 93/84, Khatoni No. 132, B//7/2(6-12), 8/2(4-17), 13-8, 14(7-0), 23, 24, 23//3/2(1-9), 4(7- 7), 172(0-18), 211(1-0), 212(1-9), Gair Mumkin Abadi, measuring 88 Kanals and 13 Marlas, situated in villag
The court validated a Will executed in sound state of mind, emphasizing that allegations of illegitimacy were unproven, affirming statutory compliance in its execution.
A proponent of a Will must dispel any suspicious circumstances surrounding its execution; mere assertion is insufficient to establish validity.
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