IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Pankaj Jain, J
Ajmer Kaur – Appellant
Versus
Jasbir Kaur – Respondent
PANKAJ JAIN, J.
Plaintiffs are in second appeal.
For convenience and to avoid confusion, the parties hereinafter are referred to as by their original position before the Court of the First Instance, i.e., the appellants as plaintiffs and the respondent as defendant.
Plaintiff filed suit seeking possession of the agricultural land left behind by their husband Jaswant Singh.
Defendant is the daughter of Avtar Singh (brother of Jaswant Singh). Thus, two widows of Jaswant Singh are fighting his niece for his estate. Jaswant Singh died issueless. Defendant claims right over inheritance of Jaswant Singh on the basis of a registered WILL dated 29.09.1981 (Exhibit D-1). Issue No.3 was framed qua validity of WILL, Exhibit D-1. In order to prove the WILL, defendant examined scribe Gurcharan Singh (DW-1), Registration Clerk Ved Parkash (DW-2) and one of the attesting witnesses namely Balam Singh as DW-5.
The Court of First Instance disbelieved the WILL propounded by the defendant holding that there is no evidence to prove that the attesting witness Balam Singh, DW-5, knew Jaswant Singh personally. There is no description of the property left by Jaswant Singh in the WILL. Jaswant Singh left tw
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