The High Court dismissed an appeal challenging concurrent lower court judgments regarding the validity of a will executed by an unsound mind, issue framing, and mutation of inheritance, holding that questions were factual and findings were supported by evidence.
No costs awarded.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
R.S.A. No.3387 of 2008 (O&M) Date of decision:02.07.2009.
Pali Ram
...Appellant
Versus
Robin and others
...Respondents
CORAM: HON'BLE MR. JUSTICE AJAY TEWARI
Present: Mr. Ashok Arora, Advocate, for the appellant.
AJAY TEWARI, J.
This appeal has been filed against the concurrent judgments of the Courts in which the following questions of law has been proposed: -
i) Whether Chatra alias Chatar Singh being unsound mind, therefore, was not competent to execute the will bearing No.135 dated 04.03.2004?
ii) Whether the proper issues have not been framed by both the courts below?
Iii) Whether the mutation No.3044 dated 20.07.2004 of courts inheritance, in favour of defendants is genuine one and correct?
It has been seen that all these three questions are questions of fact. Learned counsel for the appellant has not been able to show that the findings recorded on these questions are either
not based on any evidence or based on a perverted reading of evidence.
In the circumstances, the appeal is dismissed. No costs.
July 02, 2009 (AJAY TEWARI) vinod JUDGE
3 issues framed by the court
Whether an unsound mind was competent to execute a will?
Whether proper issues were framed by the courts below?
Whether a mutation of court inheritance in favour of defendants was genuine?
Pali Ram
Robin and others
AJAY TEWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
