P&H: Will not proved, Refuses to Interfere in Second Appeal, Upholds Decree in Family Land Dispute

(i) Indian Evidence Act, 1872, Ss.68, 69 — Will — Proof of execution and attestation — Propounder of Will failed to produce original Will or any copy showing signatures or thumb impressions of testator and attesting witnesses — No attesting witness was examined, no death certificate of...

(ii) Mutation — Sanction on basis of unproved Will — Mutation sanctioned in favour of the defendant on the basis of the alleged Will was liable to be set aside when the Will itself was not proved in accordance with law. (Paras 12, 13 and 18)

(iii) Limitation — Suit for declaration challenging mutation — Plaintiffs pleaded that they came to know of mutation only on 25.08.2014 and filed the suit on 21.10.2014 — No evidence was led by appellant to show prior knowledge — Suit within limitation. (Para 17)

(iv) Specific Relief Act, 1963, S.38 — Suit for declaration and permanent injunction — Land was earlier owned by father, who died intestate, leaving behind his son, daughters and wife as legal heirs — In absence of proved Will, plaintiffs were entitled to declaration of joint ownership...