V.K.JHANJI, J. - (1.) THIS defendants' second appeal.
(2.) THE dispute relates to the property of Jaswant Singh who died issued less and without wife on 5. 10,1978. following is the admitted pedigree-table of the parties Jhanda Sing : Sucha Singh Jaswant Singh Kundha Singh (died issue less and without any : descendent ). : : : Khanda Singh Chatain Kaur Natha Chhota Singh (Defendant (daughter Singh (Plaintiff) No. l) Deft. No. 4) (Plaintiff) _______________________________________ : : : Makhan Darshan Parkash Singh Singh Kaur Deft. No. 2) (Deft. No. 3) Plaintiffs, who are the nephews of Jaswant Singh, filed suit for possession inter alia on the ground that after the death of Jaswant Singh, they became the owners of 1/2 share of the land in dispute, but the defendants on the basis of fabricated and fictitious Will took possession of the entire land, and got a mutation of inheritance sanctioned in their favour. Plaintiffs also sought decree for permanent injunction, restraining the defendants from alienating the land. Defendants No. 1 to 3 contested the suit. In their written statement, they pleaded that Jaswant Singh used to live with Khanda Singh, i. e. defen dant No. 1 and was being served by them. Jaswant Singh had a great love and affection for them and, accordingly, he executed a registered Will dated 4. 10. 1978 in favour of defendants No. 2 and 3.
(3.) ON the pleadings of the parties, the following issues were framed :1. Whether Jaswant Singh, deceased, executed a valid will in favour of defendants No. 2 and 3? OPD 2. Relief. The trial Court as well as the first appellate Court on appreciation of the evidence, found issue No. 1 against the defendants and accordingly held that propounders of the Will have failed to dispel the material suspicious circumstances surrounding the execution of the Will in question. As a result of this finding, suit of the plaintiffs was decreed. Defendants have now impugned the judgments and decrees of the Courts in this second appeal.;