RSA No.3432 of 2010 (O&M IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.3432 of 2010 (O&M) DECIDED ON MAY 25, 2011. Mohinder Singh Appellant. Versus Harjit Singh and others. Respondents. * * * PRESENT Mr.Om Pal Sharma, Advocate, for the appellant. MMS BEDI J. (ORAL) Suit of plaintiff-respondent No.1, for declaration that he along with defendant No.8, is co-sharer in joint possession of the land in dispute, stands decreed by the Courts below holding that Mutation No.7494, in favour of defendant No.1-appellant is wrong. The Courts below have discarded the claim of defendant No.1-appellant that he would be entitled to the property of Ujjagar Singh on the basis of Will dated 13.05.1973 and another Will dated 02.11.1976, EX.D1, executed by Raj Kaur, regarding the same property after the death of Ujjagar Singh as she was sister of Ujjagar Singh. The Courts below have discarded both the Wills dated 13.05.1973 alleged to have been executed by Ujjagar Singh as well as the Will dated 02.11.1976, executed by Raj Kaur. Counsel for the appellant has vehemently argued that execution of the Will dated 02.11.1976, has been proved by the RSA No.3432 of 2010 (O&M scribe Bhupinder Singh who happens to be clerk of Advocate Chaudhary Jassa Singh and the other attesting witnesses. I have heard the counsel for the appellant and gone through the judgment of the Courts below and the findings of the Courts below regarding the execution of Will dated 02.11.1976. The execution of the said Will has been held to be doubtful in view of various suspicious circumstances recorded by the Courts below. The said Will was not executed by a regular scribe and on account of its late production and non-production before the authorities entry of mutation were considered as suspicious circumstances. Besides this, no reason has been mentioned in the said Wills for ignoring the rights of the natural heirs of Raj Kaur to bequeath the property in favour of appellant who happens to be nephew of her brother Ujjagar Singh. A concurrent finding of fact has been arrived at regarding the Will EX.D1, having not been executed by Raj Kaur. No ground has been made out for interference in the concurrent finding of fact arrived at by the Courts below. Dismissed. (M.M.S. BEDI) JUDGE May 25, 2011 rka