Punjab-Haryana High Court
Tirlochan Singh vs Palwinder Singh And Others on 14 March, 2022
107 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RSA-3152-2019 (O&M)
Date of decision: 14.03.2022
Tirlochan Singh
....Appellant
Versus
Palwinder Singh and others
..Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Vineet Choudhary, Advocate for the appellant
ANIL KSHETARPAL, J (Oral)
The hearing of the case is being held through video
conferencing on account of restricted functioning of the Courts.
The appellant is a plaintiff. He filed a suit for grant of
decree of declaration to the effect that the registered Will dated
13.03.2006 allegedly executed by late Sh.Santa Singh(the plaintiff's
father) is illegal, null and void with a consequential relief of permanent
injunction restraining the defendants from alienating and selling the suit
land.
Late Sh. Santa Singh was owner of the property in two
different villages namely Dhanauni and Pilkhani. Late Sh. Santa Singh
distributed the property situated in Village Dhanauni amongst his four
sons whereas with respect to property situated in Village Pilkhani, he
executed a registered Will dated 13.03.2006 distributing the property in
favour of his grandchildren while excluding the plaintiff and his child. It
was recited in the Will that the plaintiff has been excluded from
succession because he does not respect the old man. The registered Will
has been proved by examining attesting witness DW1 Dilbagh Singh,
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Nambardar of the village. The registration Clerk has also been
examined. Both the courts have dismissed the suit while returning a
finding of fact that the Will is proved in accordance with the Section 68
of the Indian Evidence Act,1872.
Heard learned counsel representing the appellant at length
and with his able assistance perused the paper book.
Learned counsel representing the appellant contends that
Harjinder Singh, one of the beneficiary of the Will has admitted that
relationship between the appellant and Late Sh. Santa Singh was not
strained. He further submits that no genuine reason for excluding the
appellant from succession has come on record.
It is evident that the judgment passed by the Appellate
Court that the appellant stopped Late Sh. Santa Singh from laying down
pipeline for carrying water into his fields. Ultimately, a settlement was
arrived at before the police, which has been proved on file as Ex.PX.
Sh.Vineet Chaudhary, learned counsel representing the appellant has
read over the Will. It is evident that Late Sh. Santa Singh has stated that
he has distributed his land situated in Village Dhanauni amongst his four
sons, however, he does not wish to give any share to the appellant or his
son in village Pilkhani, as the appellant does not respect him. In the
considered view of the Court, the testator has explained the reason for
not giving any share to the appellant in the village Pilkhani. It is also
evident from reading of Ex.PX that the relationship between the
appellant and Late Sh. Santa Singh was not cordial. While hearing the
Regular Second Appeal, the power of the High Court to interfere is
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limited. In the absence of substantive error in reading or misreading of
the material evidence, the High Court, while hearing Regular Second
Appeal is not expected to interfere in the judgments of the court below.
The learned counsel representing the appellant, although, made sincere
attempts, however, failed to draw the attention of the Court to any
substantive error, on the part of the courts below.
Hence, dismissed.
All the pending miscellaneous applications, if any, are also
disposed of.
14.03.2022 (ANIL KSHETARPAL)
rekha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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