Amit Rawal, J. - (1.) The appellant-plaintiff is aggrieved of the concurrent findings of fact, whereby the suit seeking following relief has been dismissed by both the Courts below: "Suit for separate possession by partition of the property bearing No.1625/XIV-25, Ranjitpura, P.O. Khalsa College, Amritsar and also suit for permanent injunction restraining the defendant No.1 from forcibly dispossessing the plaintiff and defendants No.2 to 4 from joint possession of the property in dispute and further restraining the defendant No.1 from alienating the property aforesaid to any other person in any manner whatsoever."
(2.) Mr. Kanwaljit Singh, learned Senior Counsel assisted by Ms. Gurdeep Kaur, learned counsel appearing on behalf of the appellantplaintiff, submits that Bhagwant Kaur wife of Smittar Singh, was the owner of the property, in dispute, who unfortunately died on 07.03.1987. The suit for separate possession by partition was sought as on her death, the property was mutated as per the natural succession. It is, for the first time in the written statement, after 17 years, came out with the unregistered Will dated 04.02.1987. No doubt Surjit Kaur daughter of Bhagwant Kaur gave no objection regarding the contents of the Will vide which the entire property has been bequeathed to Mr. Joginder Singh. Unfortunately, Mohinder Singh Badwal, the son of Bhagwant Kaur, also died and the plaintiff is the widow. The Will is purported to have been witnessed by two witnesses, namely, DW-1 Dr. Harsharan Singh and DW-2 Ravinder Singh. Only one witness, DW-1 Dr. Harsharan Singh has been examined and he has not, in examination-in-chief, deposed in terms of the provisions of Section 63 (c) of the Indian Succession Act as the first part of the provisions of law, aforementioned, had been complied with, but the second part of the provisions of law i.e. direction of the testator and the witnesses appending the signatures, is conspicuously wanting. The word/expression used as ''Desire'' conversation of which cannot be equated with expression ''Direction''.
(3.) He has also drawn the attention of this Court to the Will to point out that it had been drafted on a blank signed paper bearing signatures of Bhagwant Kaur as at the end of the contents of the Will, the name of someone else had been struck off. She alleged to have appended the signatures under the typed name of Bhagwant Kaur. Had the document been typed in her presence, she would have appended her signatures above the line. The Expert examined, in this regard, compared with specimen signatures of mother bearing on the letter and found that the signatures to be not of Bhagwant Kaur. Even, DW-1 Dr. Harsharan Singh, in crossexamination stated that it was typed on stamp paper, but the Will is on a blank paper. In case, Bhagwant Kaur had actually executed the Will, nothing prevented the defendant(s) to get the Will registered during her lifetime or thereafter.;