Vineet Kothari, J. - (1.) The appellant, Col. Ami Lal Memorial Charitable Trust, Bhera, District Bhiwani (Haryana), has filed the present appeal against the order dated 27.07.2007 passed by the learned Additional District Judge, Raisinghnagar, District Sriganganagar (Mr. Bharat Ram Meena, RHJS, who was compulsorily retired by High Court in March, 2010) rejecting the Probate Application No. 95/1998 : Col. Ami Lal Memorial Charitable Trust v/s. Public at Large and Objector No. 2 Sudesh Kumar S/o. Ram Nath Jat and Objector No. 3 Rajendra Singh. The probate proceedings were initiated by the applicant Trust in respect of a 'Will' dated 25.03.1996 executed by Smt. Chatari Devi W/o. Col. Ami Lal, who herself died on 07.01.1998 after about two years of execution of the said "Will'. Her husband namely, Col. Ami Lal had expired before her in the year 1990 itself.
(2.) The application aforesaid was filed by the applicant in the Court below 26.09.1998. The said application was rejected by the learned Court below, while deciding the issue No. 1 that the "Will' dated 25.03.1996 was not proved by the applicant with the following findings recorded by the learned Court below: - - JUDGEMENT_219_LAWS(RAJ)7_2015.jpg JUDGEMENT_219_LAWS(RAJ)7_20151.jpg JUDGEMENT_219_LAWS(RAJ)7_20152.jpg JUDGEMENT_219_LAWS(RAJ)7_20153.jpg JUDGEMENT_219_LAWS(RAJ)7_20154.jpg
(3.) However, the learned Court below also decided the issue No. 3 relating to "title" of the immovable properties situated at Chak 24 GB, Tehsil Srivijaynagar, District Sriganganagar which includes 4 bighas of agricultural land of executor of the 'Will' Smt. Chatari Devi and also the issue No. 4 relating to the possession of the objector -Rajendra Singh and the issue No. 5 relating to the land in question having been donated to the Panchayat of the Chak 24 GB for the purpose of setting up of a school, though these issues were strictly not relevant in the probate proceedings, but the learned Court below has framed the aforesaid issues and decided the same with the following findings: - - JUDGEMENT_219_LAWS(RAJ)7_20155.jpg JUDGEMENT_219_LAWS(RAJ)7_20156.jpg JUDGEMENT_219_LAWS(RAJ)7_20157.jpg JUDGEMENT_219_LAWS(RAJ)7_20158.jpg ;