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Punjab-Haryana High Court

Kanta Devi vs Surat Singh And Another on 6 August, 2009

Author: Hemant Gupta

Bench: Hemant Gupta

IN   THE     HIGH     COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH



                     Regular Second Appeal No. 945 of 2009
                     Date of Decision: August 06, 2009




Kanta Devi                                            ......... Appellant

                               versus

Surat Singh and another                              .......... Respondents



Present:-    Shri J.P. Sharma, Advocate for the appellant.


HEMANT GUPTA, J.

The plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned Courts below whereby the suit seeking declaration that release deed dated 18.07.2001 is ineffective qua the rights of the present appellant, was dismissed.

The plaintiff is daughter of Surat Singh defendant No.1 and claiming interest in the property on the basis of Will dated 18.06.1990. Both the learned Courts below have found that during the life time of Surat Singh, plaintiff cannot rely upon the Will executed by Surat Singh in favour of the plaintiff. The findings recorded by the learned Courts below cannot be said to be suffering from any patent illegality or material irregularity which may give rise to any substantial question of law for determination by this Court in second appeal.

Dismissed.

August 06, 2009                              ( HEMANT GUPTA )
ks                                                JUDGE