- (1.) In order to appreciate the controversy, the following pedigree table would be useful to keep in mind. Chanan Singh owned 29 Kanals 4 Marlas of agricultural land and after his death Smt. Bholi, Gurbaksh Singh and Smt. Prito filed a civil suit for declaration against Jagat Singh and his two sons to the effect that plaintiffs are owners in possession of 3/4th of the estate left by Chanan Singh by way of inheritance and for permanent injunction not to interfere in their peaceful possession. In the alternative, it was prayed that in case the plaintiffs are not found to be in possession, they be granted a decree for joint possession of their share.
(2.) In the written statement, the sons of Jagat Singh set up a will dated 20.2.1972 in their favour and pleaded that they had inherited the entire estate left by their grand-father under the will. In replication, the plaintiffs denied the execution, genuineness and validity of the will.
(3.) On the contest of the parties, the following crucial issue was framed regarding the will : "Whether Chanan Singh, deceased, executed a valid will, according to law in favour of defendant Nos. 2 and 3 on 20.2.1972 ? OPD There were other issues also framed in the case and of all those issues, the burden of proof was placed on the plaintiffs. The plaintiffs in affirmative closed their evidence on 11.6.1975 and 5.11.1976 was the date given for the defendants' evidence and for rebuttal. The next date was 11.6.1976 on which date the defendants made the statements and closed the evidence. The trial Court proceeded to hear the arguments on the same day and decided the crucial issue on Will against the plaintiffs and dismissed the suit. The plaintiffs remained unsuccessful before the District Court and this is their second appeal.;