PARSINI (DEAD) THROUGH LRS. versus ATMA RAM AND ORS.

PARSINI (DEAD) THROUGH LRS. versus ATMA RAM AND ORS.

The trial court and appellate court had considered all the facts and recorded a finding regarding execution and genuineness of the Will in favour of respondent, and the learned Single Judge was not right in reversing such findings. The Division Bench acted within parameters of law, and no substantial question of law warranted interference.

Parties
Appellant: Parsini (Dead) Through LRs; Respondents: Atma Ram and Ors.
Jurisdiction
India
Judgment Date
22 February 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave From Division Bench Decision in L.p.a. No. 521 of 1975, Punjab & Haryana High Court
Outcome
Appeal dismissed
Legal Topics
Genuineness of Will, Burden of Proof in Will Cases, Appellate Powers in Second Appeal
Succession Will Genuineness of Will Burden of Proof in Will Cases Appellate Powers in Second Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Parsini (Dead) Through LRs

Appellant

Atma Ram and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Division Bench Decision in L.p.a. No. 521 of 1975, Punjab & Haryana High Court

Legal Issues

  1. 1 Whether the Will executed by Bhagwana on October 15, 1957 is genuine
  2. 2 Whether the learned Single Judge was justified in reversing the concurrent findings of fact regarding genuineness of the Will

Ratio Decidendi

The trial court and appellate court had considered all the facts and recorded a finding regarding execution and genuineness of the Will in favour of respondent, and the learned Single Judge was not right in reversing such findings. The Division Bench acted within parameters of law, and no substantial question of law warranted interference.

Court Disposition

Appeal dismissed

Orders

  • Appeal is accordingly dismissed