R.S. Narula, J. - (1.) THE facts leading to the filing of this regular second appeal against the judgment and decree of the Court of Shri R. K. Baweja, Additional District Judge, Gurdaspur, affirming that of the trial Court, dated January 19, 1960, are these.
(2.) THE property in dispute belonged to Smt. Iqbal Kaur whose relationship with the parties to this litigation would become apparent from the following pedigree -table. (Editor: The text of the vernacular matter has not been reproduced. Please write to contact@ if the vernacular matter is required.) Madha Singh, the contesting Respondent, is the son of the brother of Iqbal Kaur. After the death of Teja Singh, his widow Iqbal Kaur was not being looked after by the Plaintiffs, but had' started living with her brother where she was being looked after by Madha Singh. On November 25, 1958, she made the disputed will whereunder she bequeathed the property in dispute, which comprised her entire estate, in favour of Madha Singh Respondent. At that time, she was admittedly suffering from an attack of paralysis of one side of the body. She died on December 1, 1958. After her death, the will exhibit D. 1 was presented for registration on December 26, 1958, and was duly registered.
(3.) ON February 20, 1959, Ajit Singh, Appellant and Iqbal Singh, Respondent 2 filed a suit against Madha Singh, Respondent for possession of the property in dispute. They claimed the property as nephews of Teja Singh and natural heirs of Iqbal Kaur. The suit was resisted by Madha Singh. He claimed to have become owner of the property under the will exhibit D. 1. The Plaintiffs filed a replication in reply to the written statement of Madha Singh. The relevant averments are contained in paragraph 2 of the replication. It was admitted therein that Madha Singh, Defendant had been cultivating the land in dispute for some time and was living with the deceased at the time of her death. It was denied that Iqbal Kaur had executed any valid will. It was also denied that the alleged will was signed or thumb -marked by Iqbal Kaur. The Plaintiffs went to the extent of denying that Iqbal Kaur was alive at the time of the making of the will and lastly added that they did not admit that she was in her proper senses and sound disposing mind so as to be able to understand her interests and benefits at the time of the execution of the will. In the replication, the Plaintiffs specifically denied that Madha Singh had been rendering service to the deceased. From the pleadings of the parties, the trial Court framed the following issues on May 29, 1959, - - (1) Whether the Plaintiffs are the collaterals of the husband of Iqbal Kaur, deceased and are they as such her legal heirs ? (2) Whether Iqbal Kaur made a valid will in favour of the Defendant in respect of the property in dispute ? (3) Relief. By its judgment, dated January 19, 1960, the trial Court held in favour of the Plaintiffs on' issue No. 1, but dismissed the suit on account of its finding on issue No. 2 to the effect that Iqbal Kaur had made a valid will in favour of Madha Singh, Respondent in respect of the property in dispute. Both the Plaintiffs preferred an appeal against the decree of the trial Court. This appeal was dismissed by the well -considered judgment of the learned Additional District Judge, Gurdaspur, on April 14, 1960. Not satisfied with the same, Ajit Singh one of the Plaintiffs, has come up in second appeal to this Court and has joined his co -Plaintiff, Iqbal Singh, as a pro forma Respondent.;