JUDGEMENT
JASBIR SINGH, J. -
(1.) Appellant-plaintiff filed a suit claiming ownership to the extent
of 34/105 share, out of the property shown in his plaint, he also claimed
joint possession, with a further prayer that the respondents be restrained
from interfering in his possession. His suit was dismissed. He also failed in
appeal.
(2.) To claim ownership, reliance has been placed by the appellant
upon a Will, allegedly executed by his grandfather, in his favour. Appellate
Court below has noticed a fact that when said Will was executed, the
deceased has two unmarried daughters, widow and other children. In the
said Will, there was no mention regarding them and furthermore attesting
witness, who has come to, state regarding the Will, was none other than
father of the appellant. It has also come on record that he was introduced as
a third witness, and in view of that the Court below has discarded his
statement. It has also been noticed by the Courts below that there exist
many discrepancies so far as writing of the Will is concerned. Names of
some persons have been mentioned in typing whereas names of others have
been mentioned by hand.
(3.) This Court feels that no case is made out for interference in
pure findings of fact, given in para Nos.18 and 19 of judgment under
challenge. No substantial question of law has been raised.
Dismissed on merits.
There is no necessity to pass order in C.M. No.635-C of 2004.;
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