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18. It is further averred that the deceased petitioner, Late Sh. Ravi Singh Thakur had never been in the possession of the plot and late Sh. Ran Singh was the owner of plot had executed the title documents in favour of respondent no. 5, Raj Kumar S/o Ran Singh, R/o VPO Luhari Jata, Rakhaan Pana, P.S. Bawani Khera, Distt. Bhiwani, Haryana, on 18.11.1994.

19. It is further specifically denied that during the life time, the deceased had executed a Will dated 03.06.1992 in favour of the deceased petitioner, Late Sh. Ravi Singh Thakur in respect of the suit property or the deceased had ever executed any titled documents in respect of suit property. It is further contended that the Will in question is a forged one and not bears the signature or thumb impression of late Sh. Ran Singh. It is specifically denied that on 20.07.2014, the petitioner had lost all the original documents of the suit property.

67. DW-2 further denied the suggestion that he was trying to take the advantage of the fact that the petitioner lost the documents pertaining to the plot in question. He further denied the suggestion that due to the loss of the documents, the petitioner was constrained to file the present petition regarding the Will in question or that after the execution of the documents dated 03.061992, the deceased petitioner had become the owner of the plot in question.

68. I have heard the final arguments from both sides and have gone through the entire case file.

(ii) Ld counsel for the petitioners has further argued that the Will in question is a registered Will and presumption of genuineness is attached with the Will in question.

(iii) Ld counsel for the petitioner has further argued that petitioners are in possession of the suit property since the date of execution of the documents by the deceased in his favour.

(iv) Ld counsel for the petitioner has further argued that on 20.07.2014, the petitioner, unfortunately, lost all the original documents of the suit property, including Will in question and also lost NCR regarding lost of above-said documents. He further argued that notice was also got published by the petitioner through his counsel Sh. B.B.N. Deo.

100. The date of death of Sh. Ran Singh i.e. 11.01.2012 is admitted on behalf of all the parties.

101. The deceased petitioner has deposed that on 20.07.2014, he, unfortunately, lost all the original documents of the suit property. He further deposed that he got published public notice in newspapers "The Indian Express" and "Jansatta" Ex PW-1/3 (colly) through his counsel, BBN Deo. PW-4, ASI Harish Kumar has proved the lost report lodged by Late Sh. Ravi Singh Thakur Ex PW-4/A. Sh. BBN Deo has been examined as PW-5 and he proved the issuance of public notice in above-said newspapers at the instance of Late Sh. Ravi Singh Thakur. DW-1 has also admitted publication of public notice regarding lost of documents by deceased petitioner in his examination in chief. During cross examination of PW-1, the respondents have not denied the lost of original documents of the suit property by the deceased petitioner and no suggestion to this aspect has been put to PW-1 on behalf of respondent. In view of the above-said observations, it is held that on balance of probabilities, the petitioners have succeeded in proving that the erstwhile petitioner Late Sh. Ravi Singh Thakur lost the documents of the suit property on 20.07.2014.