2010(1) LAW HERALD (P&H) 162 (SC)
IN THE SUPREME COURT OF INDIA
Before
The Hon’ble Mr. Justice P. Sathasivam
The Hon’ble Mr. Justice Asok Kumar Ganguly
Civil Appeal Nos. 650-651 of 2003
Bhag Singh
v.
Jaskirat Singh
{Decided on 16/12/2009}
For the Appellant : Mr. Manoj Swarup, Mr. Akash Deep and Mr. Devesh Kumar Tripathi, Advocates.
For the Respondents: Mr. K.K. Mohan (N.P.), Advocate
Succession Act, 1925, S.63(c)--Will--Validity of--Testator owned two houses, one in Punjab and other in Haryana--He bequeathed his house in, Punjab by way of will dated 07.12.1979 in favour of his son B, appellant--He is alleged to have executed another Will dated 11.08.1986 bequeathing his house in Haryana in favour of his second son, through his grand son, J--After the death of testator, J filed civil suit against the appellant and his own grandmother for possession of the house at, Haryana which had been bequeathed to him as per the Will dated 11.08.1986 executed by his grandfather--First appellate Court relied upon the Will even though no attesting witness was examined--Another civil suit filed by the respondents for seeking declaration of the house at Punjab having 1/4th share as the legal heirs--Trial Court and the High Court disbelieved the Will in favour of the appellant and decreed the suit of the respondents even though substantial questions of law arose--Impugned orders of the High Court set aside and case remitted back to the High Court for fresh disposal considering the substantial questions of law. (P. 4 ,7 & 8)
