(A) Will – Not Proved – Cancelation deed – Both lower courts held that Will was not proved and in any case, the Will propounded by the plaintiff was cancelled by the execution of the cancellation deed – Such will cannot be relied. (Para 15)
(B)Tamleeknama – Valid – Held: Both the learned Courts below have concurrently held that the execution of Tamleeknama was proved as per the law. DW-2, stated that Balia had got Tamleeknama executed in his presence – There is nothing in the cross-examination of this witness to show that he was making an incorrect statement; therefore, the finding of fact recorded by the learned Courts below that his statement was sufficient to prove the execution of Tamleeknama is based upon the evidence. (Para 16)
(C) Custom – Proof of – Plea that the parties are Ghirth by caste and they are governed by the agricultural custom prevalent in Kangra, by which no person can dispose of the ancestral property without the legal necessity – Held: He has not mentioned any instances where the alienation of the joint ancestral property was made and it was set aside on the ground of the custom prevalent in the area – Custom not proved. (Para 19)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 185 HP
Bidhi Singh Vs. Mehar Singh
RSA No. 01 of 2023-Decided on 19-9-2023
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