RSA No.3011 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA Nos.3011 and 3010 of 2009 (O&M) Date of decision: 8.12.2010 Bikkar Singh and another ......Appellant(s) Versus Ajit Singh son of Sh. Pathana Singh and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Dinesh Ghai, Advocate for the appellants. Mr. Sandeep Khunger, Advocate for respondent No.1. Rakesh Kumar Garg, J. (Oral) This judgment will dispose of two regular second appeals i.e. RSA No.3011 of 2009 and RSA No.3010 of 2009 which have arisen out of two civil suits “bearing No.437-I of 3.6.1996 titled as Ajit Singh v. Sucha Singh and others and civil suit bearing No.57-I of 23.12.1995 titled as Bikkar Singh and another v. Jeet Singh and others” which were consolidated vide order dated 19.10.1998 and were disposed of by one common judgment dated 18.1.2007 passed by the Civil Judge (Jr. Division), Ferozepur decreeing civil suit No.437 of 1996 titled as Ajit Singh v. Sucha Singh and others and dismissing civil suit No.57-I of 1995 titled as Bikkar Singh and another v. Jeet Singh and others. The first appeals filed by the appellants against the aforesaid judgments of the trial Court were also dismissed by the Lower Appellate Court vide impugned judgment and decrees. As per pleadings, one Pathana Singh was the original owner in possession of the suit property. Pathana Singh was survived by two sons, namely, Ajit Singh and Sucha Singh. Ajit Singh, the plaintiff of civil suit RSA No.3011 of 2009 (O&M) 2 No.437-I of 1996 had set up a Will dated 19.9.1980 executed by Pathana Singh in favour of Ajit Singh and Sucha Singh bequeathing the suit property in equal share, whereas Bikkar Singh and Jarnail Singh, sons of Sucha Singh i.e. grandsons of Pathana Singh, (herein appellants) had set up the Will dated 12.6.1995 alleging that whole of the suit property was bequeathed in their favour by Pathana Singh. Admittedly Pathana Singh died on 5.7.1995. Both the Courts below on the basis of evidence on record have upheld the Will dated 19.9.1980 executed by Pathana Singh in favour of his two sons i.e. Ajit Singh and Sucha Singh whereas Will dated 12.6.1995 set up by the appellants (grandsons of Pathana Singh) has been discarded. On 13.8.2009, at the time of motion hearing, the following contention was raised by the learned counsel for the appellants: “Learned counsel for the appellants contends that defendant Nos.1 to 3 have not propounded the Will dated 19.9.1980 in the written statement dated 22.3.1996 in the suit filed by the plaintiffs claiming the estate of deceased Pathana Singh on the basis of Will dated 12.6.1995. It is contended that such fact is relevant to return a finding that the Will propounded by the defendants is surrounded by suspicious circumstances.” On the basis of the aforesaid contention, notice of motion was issued to the respondents and record was also requisitioned. After perusing the record, it has been found that the contention so raised is not correct. Admittedly, after filing of the written statement dated 22.3.1996, the suit was amended and the respondents have filed fresh written statement RSA No.3011 of 2009 (O&M) 3 to the aforesaid amended suit. In view of the aforesaid fact, the contention raised before this Court is without any merit and substance. It may also be noticed that before this Court, learned counsel for the appellants was unable to point out any material evidence on record on the basis of which it could be held that Will dated 19.9.1980 is shrouded by suspicious circumstances. Thus, in view of the concurrent findings recorded by the Courts below which could not be found faulted with, I find no merit in these appeals. No substantial question of law arises. Dismissed. December 8, 2010 (RAKESH KUMAR GARG) ps JUDGE