DHANPAT Vs. SHEO RAM (DECEASED)
SUPREME COURT OF INDIA
Sheo Ram (Deceased)
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HEMANT GUPTA,J. -
(1.)The challenge in the present appeal is to an order passed by the High Court of Punjab and Haryana on 27th March, 2014 whereby the concurrent findings of fact recorded by both the courts below were set aside and the suit filed by the respondent-plaintiff was decreed.
(2.)The High Court has framed the following two substantial questions of law:
"1. Whether the Will dated 30.4.1980 Ex.D-3 was surrounded by suspicious circumstances and due execution thereof was also not proved, in accordance with the requirements of Section 63 of the Succession Act;
2. Whether the learned courts below have completely misread, misconstrued and misinterpreted the evidence available on record, particularly the Will Ex.D-3, because of which the impugned judgments cannot be sustained."
(3.)The admitted facts are that one Misri was the grandfather of the Plaintiff-Sheo Ram and defendant No.5-Sohan Lal and defendant Nos.7-9 were his granddaughters. Chandu Ram was the father of the plaintiff and defendant Nos.5, 7-9 and the husband of Chand Kaur had inherited the suit land from his father, Misri.
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