T.P.S.MANN,J - (1.) THE plaintiffs, who are respondents in the present appeal, filed a suit for declaration that they were owners of land measuring 63 kanals 16 marlas, as described in the heading of the plaint, situated in the area of village Sadhuwala with a consequential relief of possession of the same. The suit was decreed by learned Sub Judge 1st Class, Zira vide judgment dated 20.4.1982. Aggrieved defendants-appellants filed an appeal which was dismissed by earned Additional District Judge, Ferozepur on 6.12.1984. Hence, the present second appeal by them.
(2.) THE case of the plaintiffs was that Sham Singh son of Punjab Singh was owner of the suit land. After his death, which took place about 20 years before filing of the suit, the suit land was inherited by his wife Smt. Kauri, who also died some three years back. The couple was issueless. Sham Singh had three brothers, namely Waryam Singh, Prem Singh and Khem Singh, besides two sisters, namely, Smt. Sobhi and Smt. Basso. The plaintiffs were the children of aforementioned Waryam Singh, Prem Singh, Khem Singh and Smt. Basso, whereas Smt. Sobhi died issueless. They were thus, entitled to inherit the suit land. On the other hand, the defendants, who were the brother's sons of Smt. Kauri, managed to get the mutation of inheritance of Smt. Kauri sanctioned in their favour on the basis of a Will allegedly executed by Smt. Kauri in their favour. It was pleaded that Smt. Kauri never executed any Will and the Will in question had been forged and fabricated after her death. While opposing the suit, the defendants admitted the relationship of the parties and also the fact that Sham Singh and Smt. Kauri died issueless. However, they asserted that Smt. Kauri executed a valid Will on 25.11.1963 in their favour which was registered in the office of the Sub Registrar, Zira on 26.11.1963. On the basis of the same, mutation was rightly sanctioned in their favour. Smt. Kauri had executed the Will in favour of the defendants for the services rendered to her by them. They further pleaded that the said Will had been handed over by Smt. Kauri to them and they had put the same in a wooden- box lying in their kotha but the said kotha was damaged in July, 1978 due to heavy rains. All the documents, including the Will lying in the wooden-box were destroyed.
(3.) FROM the pleadings of the parties, learned trial Court framed the following issues :- "1. Whether the plaintiffs are legal heirs of Kauri deceased ? OPP. 2. Whether Smt. Kauri deceased executed a valid Will dated 25.11.1963 in favour of the defendants ? OPD. 3. Relief." ;