R.K. Nehru, J. - (1.) PLAINTIFF -Appellant Lashkar Singh has come up in this Regular Second Appeal against the judgment and decree of the First Appellate Court, reversing in appeal, those of the trial Court, resulting in the dismissal of the suit.
(2.) ATMA Singh was the owner of the suit land. Appellant -Lashkar Singh is his son, Bakhshish Kaur Defendant -Respondent is his daughter and Defendant -Respondent Smt. Bhago is his widow. Atma Singh died on October 1, 1973. Lashmar Singh Appellant filed a suit for declaration to the effect that he was the owner of the suit land to the extent of 2/3rd share while Defendant -Respondent Smt. Bhago was the owner to the extent of 1/3rd share, in the suit land on the basis of Will dated August 11, 1973 (Copy Ex. P.1) executed by Atma Singh. It is averred by the, Appellant that Bakhshish Kaur Respondent was excluded from inheritance but mutation of inheritance was wrongly sanctioned in her favour also to the extent of 1/3rd share in the suit land. Defendant -Respondent Smt. Bhago filed written statement admitting the claim of the Plaintiff.
(3.) SUIT was, however, contested by Respondent Smt. Bakhshish Kaur, inter alia, on the ground that her father Atma Singh had (sic) executed any valid Will and mutation of inheritance was rightly sanctioned in her favour. The parties were put to trial on the following issues: (1) Whether Atma Singh deceased executed a valid Will in favour of the Plaintiff on 17th August; 1973? OPP. (2) Relief.;