N.C. Jain, J. - (1.) This appeal has been filed by defendant Nos. 2 to 4 against the judgments and decrees of the courts below decreeing the suit of the plaintiff for a declaration to the effect that he is owner -in -possession to the extent of 1/2 share in agricultural land measuring 72 Bighas 15 Biswas comprised in various khasra numbers given in the plaint. The land is situated in village Ballopur Tehsil Rajpura. In order to appreciate the controversy between the parties, a few facts may be noted.
(2.) Mehar Singh deceased was the owner of the entire land measuring 72 Bighas 15 Biswas. He had two sons, that is, Atma Singh plaintiff and Jiwa Singh defendant No.1. Defendant Nos. 2 to 4 got mutation of 34 Bighas 13 Biswas of land and one house in their favour on the basis of a will dated 24.7.1978 registered on the same day. Since mutation was sanctioned, the plaintiff challenged the Will as well as the mutation and claimed 1/2 share out of land measuring 72 Bighas 15 Biswas situated in village Ballopur. The case of plaintiff Atam Singh was that Mehar Singh deceased was an old -man having weak eye -sight, suffering from various diseases of fits etc, and he did not know between good and bad. He did not execute any will and that the same was the creation of fraud and based upon mis -representation. In the written statement defendant Nos. 2 to 4 who are the grandsons of Mehar Singh deceased upheld the validity of the will by pleading that Mehar Singh was having sound and disposing mind. Mehar Singh deceased, it was claimed by defendant Nos. 2 to 4, executed a will and got the same registered without any pressure etc. On the pleadings of the parties, the following issues were framed. 1. Whether the Plaintiff is owner in possession of 1/2 share of the land in dispute ?OPP. 2. Whether Mehar Singh deceased executed a valid will dt.24.7.78 in favour of the parties ? OPP. 3. Whether the suit is not maintainable in the present form ? 4. Whether the defendants are entitled to compensatory costs ? OPP. 5. Relief. Both the courts below have found that the will was surrounded by suspicious circumstances and that the plaintiff was owner -in -possession of 1/2 share of the land in dispute. Defendant Nos. 2 to 4 have preferred the present appeal.
(3.) Learned Counsel for the appellants has vehemently argued that the courts below have not recorded any finding on the point whether the Will was duly executed or not. It was further maintained that the deceased Mehar Singh was satisfied with the services of the defendants and being pleased with their services he executed the Will in favour of the appellants who are non -else but the sons of Jiwa Singh the other son of Mehar Singh ; Additional support was solicited by the counsel for the appellants from the factum of the registration of the will. In this respect, the learned counsel has cited case law that the registration of a Will does lend some support to its authenticity.;