- (1.) Defendant-appellant Devinder Kaur has filed this appeal against the judgment and decree dated 18.5.1978 passed by the Additional District Judge, Ludhiana.
(2.) Briefly stated, the facts of the case are that the plaintiffs-respondents instituted the suit for a declaration that they are the owners in possession of the suit land, described and detailed in the head-note of the plaint, and also of the house and open courtyard around it, which is also described in the site plan attached with plaint, on the basis of a Will dated 21.1.1966 executed by Kaur Singh who had bequeathed his property in favour of the plaintiffs-respondents. Kaur Singh was the owner of the disputed property. He died on 8.6.1969. The plaintiffs-respondents claimed that they are the owners of the suit land but the defendants did not admit their ownership.
(3.) Only defendants Nos. 4 and 6, namely, Devinder Kaur and Nihal Kaur respectively, contested the suit and denied the allegations of the plaintiffs-respondents and also the execution of any Will by Kaur Singh in their favour during his life-time regarding the property, in dispute. On this controversy between the parties, the trial Court framed the following issues : (1) Whether the suit in present form is maintainable ? (2) Whether the suit has not been properly valued for the purposes of court-fee and jurisdiction ? (3) Whether the suit is within limitation ? (4) Whether Kaur Singh deceased had executed a valid and genuine Will in favour of the plaintiffs ? If so, its effect ? (5) Relief.;