Grade, Baghapurana vide his order dated 12.12.1996, on the basis of natural succession. Against his order present complainant Smt.Gurcharan Singh filed an appeal before the Sub Divisional Magistrate-cum-Collector Baghapgrana on the ground that she has registered Will in her favour and as such the mutation in question be sanctioned in her favour alone and not other legal heirs. The Collector summoned the appellant and other respondent but they did not appear and as such ex parte proceedings were taken against them. Thereafter the collector after recording the evidence of scribe and attesting witnesses of the registered Will dated 10.04.1995, came to the conclusion that the Will in question is duly proved in accordance with law. The said Will has not been set aside or cancelled by any competent Civil Court. The learned Collector, therefore, vide his order dated 25.06.2002 has sanctioned the mutation in question in favour of Gurcharan Kaur (present complainant) alone on the basis of registered Will dated 10.04.1995 and later legal/natural heirs of Rattan Singh being aggrieved by that order filed a complaint against Gurcharan Kaur (present complainant) and she was summoned and after that complaint was quashed by order of Hon'ble High Court and then present complainant filed present complaint against the accused. To prove her case, complainant herself appeared as CW-1 and examined CW-2 Major Singh and CW-3 Kartar Singh who stated in verbatim. CW-1 and CW-2 stated to the extent that a criminal case was registered which is tilted as Shamsher Singh vs. Gurcharan Kaur and in that case Gurcharan Kaur was kept in custody from 06.07.2005 to 11.10.2005.
