Salinder Kaur @ Surinder Kaur ... vs Mohinder Singh & Ors
2023 Latest Caselaw 12363 P&H

            103                                                                   2023:PHHC:102003

                      IN THE HIGH COURT OF PUNJAB AND HARYANA
                                             AT CHANDIGARH

                                                                     RSA-5421-2017(O&M)
                                                        Date of Decision: August 08, 2023

            SALINDER KAUR @ SURINDER KAUR CHIMA & ANR
                                                       ........ Appellants
                                 Versus
            MOHINDER SINGH & ORS                  ........ Respondents


            CORAM:             HON'BLE MR. JUSTICE HARKESH MANUJA

            Present:           Ms. Babita, Advocate for the appellants.
                                                     ****

            HARKESH MANUJA, J. (ORAL)

By way of present appeal, challenge has been laid to the

judgments and decrees dated 12.02.2014 and 01.09.2016 passed by

the Courts below whereby a suit for declaration claiming half share out

of the estate left by Darshan Singh i.e. the father of the parties, based

on registered Will dated 10.04.1989 besides praying for permanent

injunction as well as joint possession was decreed and the First Appeal

filed at the instance of appellants-defendants was dismissed.

2. Briefly stating, the disputed estate left by deceased Darshan

Singh has become an apple of discord between his legal heirs.

Respondent No.1-plaintiff, relying upon registered Will dated

10.04.1989 executed by the deceased-father, filed the present suit

seeking declaration claiming half share besides praying for permanent

injunction as well as joint possession.

3. On the other hand, the appellants-defendants disputed the

validity of Will dated 10.04.1989 by raising the plea of fraud. The trial

Court TEJWINDER SINGH 2023.08.09 16:56 I attest to the accuracy and integrity of this document 2023:PHHC:102003

RSA-5421-2017(O&M) -2-

vide judgment and decree dated 12.02.2014 decreed the suit filed by

the respondent No.1-plaintiff, upholding the execution/validity of the

aforementioned will.

4. Aggrieved thereof, the appellants-defendants filed First

Appeal, the same was dismissed by the Court of Ld. Addl. District

Judge, Jalandhar vide judgment and decree dated 01.09.2016.

5. Impugning the aforementioned judgments and decrees

passed by Courts below, learned counsel for the appellants vehemently

submits that original Will was never produced on record besides the

respondent No.1-plaintiff also having failed to appear as a witness to

support his claim in the suit. No other argument has been addressed.

6. I have heard learned counsel for the appellants and gone

through the paper-book. I am unable to find substance in the

submissions made by learned counsel for the appellants.

7. The execution of the Will in question dated 10.04.1989 has

been duly proved on record in consonance with Section 63 of the Indian

Succession Act, 1925 read with Section 68 of Indian Evidence Act,

1872 through attesting witness PW-4-Sarwan Singh. Though, as a

matter of fact, the original Will has not been produced on record,

however, the certified copy thereof from the office of concerned Sub-

Registrar was produced on record as Ex.P-1 and accepted as valid

evidence by the Courts below. Besides it, in the present facts and

circumstances, the non-appearance of respondent No.1-plaintiff would

not entail adverse inference against him as the appellants-defendants

could not even plead the basic ingredients of 6 Rule 4 of CPC TEJWINDER SINGH 2023.08.09 16:56 I attest to the accuracy and integrity of this document 2023:PHHC:102003

RSA-5421-2017(O&M) -3-

and thus the non-appearance of respondent No.1-plaintiff as witness

did cause any prejudice to them and thus could be counted fatal to the

claim of respondent No.1-plaintiff.

7. In view of the discussions made hereinabove and finding no

illegality or perversity in the judgments and decrees passed by the

Courts below, the present appeal is dismissed.

8. Pending application(s), if any, shall also stand disposed of.

            08.08.2023                                       ( HARKESH MANUJA )
            tejwinder                                              JUDGE


                                    Whether speaking/reasoned        Yes/No
                                       Whether Reportable            Yes/No




TEJWINDER SINGH
2023.08.09 16:56
I attest to the accuracy and
integrity of this document