V.K. Jhanji, J. - (1.) THIS first appeal is directed against order dated 22.3.1999 passed by Additional District Judge, Ludhiana, whereby petition filed by Charanjit Singh, Respondent, under Section 278 of the Indian Succession Act for grant of letters of administration of Will dated 18.4.1985 executed by Dr. Sajjan Singh Malik, has been allowed.
(2.) IN brief, the facts are that Dr. Sajjan Singh Malik died on 25.10.1987 at Ludhiana. He left behind four sons and two daughters. Charanjit Singh, Respondent filed petition under Section 278 of the Indian Succession Act seeking letters of administration in respect of the property of Dr. Sajjan Singh Malik, i.e. 145 shares, held by him in two companies, namely, Traco Cable Company Limited and Sehsa Saye Paper Board Mills Limited, and lease hold rights in regard to lease -deed dated 29.9.1986 of which Dr. Sajjan Singh Malik was a sub -lessee. Upon notice of the petition, only one son and a daughter of Dr. Sajjan Singh Malik, namely, Col. Damanjit Singh and Joginder Pal Kaur contested the petition. In their respective written statements, they denied execution of Will dated 18.4.1953 alleged to have been executed by Dr. Sayan Singh Malik in favour of Charanjit Singh. Col. Damanjit Singh on the other hand set up Will dated 31.1.1984 alleged to have been executed by Dr. Sajjan Singh Malik in his favour. He alleged that the Court of District Judge, Ludhiana, has no jurisdiction to entertain the petition inasmuch as Dr. Sajjan Singh Malik had no immovable property in district Ludhiana. In replication, Charanjit Singh denied that his father had executed Will dated 31.1.1984 in favour of Col. Damanjit Singh. He reiterated that the Court of District Judge, Ludhiana, has the jurisdiction to entertain the petition. On the basis of pleadings of the parties, Additional District Judge, Ludhiana, to whom the petition was entrusted for decision framed the following issues: 1. Whether this Court has jurisdiction to try this petition ? OPP. 2. Whether on 18.4.1984 Dr. Sajjan Singh executed a valid Will in favour of the Petitioner. If so, its effect ? OPP. Whether Dr. Sajjan Singh executed a Will dated 31.1.1984 in favour of Damanjit Singh. If so, its effect ? OPD.
(3.) RELIEF . 3. Charanjit Singh in order to prove Will dated 18.4.1985, examined PW -1, Mohan Lal, Registration Clerk in the Office of Sub Registrar, Ludhiana. He on the basis of the summoned record deposed that Will dated 18.4.1985 was prepared in two parts' one in English and the other in Punjabi. Both the documents were registered. PW -2, Surinder Singh son of Jawand Singh was examined to prove entry at Sr. No. 96 dated 18.4.1985 in the deed -writer's register. He deposed that his father Jawand Singh was working as deed -writer in the Old Courts, Ludhiana. He died on 25.5.1992. He had made a entry regarding Will dated 18.4.1985 in his register. AW -3, Sohan Lal, Record -Keeper in the office of Sub Registrar, Ludhiana, brought the record pertaining to Will dated 18.4.1985 maintained by their office. AW -4 Tehal Singh son of Gurcharan Singh and AW -5 Sujan Singh son of Gopi Chand, being attesting witnesses, were examined to prove due execution of Will dated 18.4.1985. AW -5, Harminder Singh son of Sohan Singh AW -6, Krishan Lal son of Lal Chand, were examined to prove that Charanjit Singh alone was rendering services to Dr. Sajjan Malik. AW -6, P.S. Ahuja, handwriting and finger expert was examined to prove the signatures of Dr. Sajjan Singh Malik on Will dated 18.4.1985. He on the basis of comparison made from the signatures on bank specimen signatures card and registered general power of attorney dated 22.2.198 opined that signatures of Dr. Sajjan Singh Malik on Will dated 18.4.1985 tally with his signatures on the bank specimen signatures card and registered general power of attorney dated 22.2.1986. Charanjit Singh appeared as AW -1 and deposed that his father was living with him in house No. 7, Model Town, Ludhiana. He deposed that his two sisters are married and are living with their in -laws. His two brothers, Surjit Singh and Narinder Pal Singh are residing abroad for more than 25 -30 years and third brother, Col, Daman -jit Singh was serving in the Army for the last 25 -30 years. He stated that he alone used to serve his father and was the one who on his death performed his last rites. He stated that none of his brothers attended the Bhog ceremony. He proved signatures of his father on Will dated 18.4.1985. He stated that his father had also executed power of attorney in his favour to manage his property. Anil Kumar, Clerk, Punjab National Bank, Model Town, Ludhiana, was examined to produce the original specimen signatures cards of the account in the name of Dr. Sajjan Singh Malik. 4. In order to prove Will dated 31.1.1984, Col. Damanjit Singh had made statement as RW -1. In his statement, he stated that during the year 1987 when he was posted at Bhatinda, his father visited him in January and April and at that time, Will dated 31.1.1984 was handed over to him. He admitted that his father was residing with Charanjit Singh but stated that he was maltreating him. He also examined Sardara Singh Parmar, hand -writing and document expert, Phillaur, as RW -2. RW -3, Kulwant Singh Ahluwalia was examined to prove that Will dated 31.1.1984 was typed in his presence and at his dictation but at the instructions of Dr. Sajjan Singh Malik. He stated that after the Will was typed, he took the Will to the house of Mohinder Singh, Advocate, where Dr. Sajjan Singh Malik read out the same and after admitting its contents to be correct, signed it as testator in his presence and in the presence of Mohinder Singh and Dr. Parminder Singh, thereafter he and Mohinder Singh singed the Will as attesting witnesses and Dr. Parminder Singh examined the testator and signed a certificate on the Will that the testator was in a sound disposing mind. In his cross -examination, he admitted that he and Mohinder Singh are practicing on the income -tax and sales -tax side and sit in the same chamber. He admitted that he had not maintained any register or record of the Will drafted by him. He admitted that there are regular deed -writers at Ludhiana. He stated that he had come to know Dr. Sajjan Singh Malik 3 -4 years before his death. He stated that he never visited the house where the testator was living. In regard to sound disposing mind of Dr. Sajjan Singh Malik, he stated that a certificate in this regard was typed at his dictation. He admitted that Dr. Parminder Singh is son of Mohinder Singh. He stated that he does not remember the contents of the Will nor can say when Will was executed. RW -4,Mohinder Singh stated that Kulwant Singh had brought the typed Will at his house where Dr. Sajjan Singh Malik signed and Dr. Parminder Singh, his son, signed the Will and the certificate. He stated that Dr. Parminder Singh had medically examined the testator and found him in a sound disposing mind. In cross -examination, he stated that he is in possession of the Will as the same was given to him by Col. Damanjit Singh six months prior to refresh his memory. He stated that his son Dr. Parminder Singh was present per chance though he was posted at that time at Jalandhar. RW -5, Naginder Tripathi, Assistant. New Okhla Industrial Development Authority, Noida (Ghaziabad) was examined to prove that lease -hold rights of plot No. F -42/Sector 40, Noida, were in the name of Dr. Sajjan Singh Malik. RW -6, Gurcharan Singh in his cross -examination conceded that Charanjit lived with his father from the very beginning. In rebuttal, Charanjit Singh examined N.K. Jain, Documents expert as AW -8, who in his statement stated that the signatures of Dr. Sajjan Singh Malik on Will dated 31.1.1984 do not tally with the standard signatures of Dr. Sajjan Singh Malik and is a clear -cut forgery and made in pre -hand process.;