- (1.) The controversy in appeal here is with regard to the land originally owned by Ishar Singh. The paints at issue being with regard to the validity of the Will propounded by his nephew's widow Punjab Kaur and the plea of the appellants Jagsir Singh and Arjan Singh, of being bona fide purchasers for value without notice of the land purchased by them from the grand children of the said Ishar Singh.
(2.) The said Ishar Singh died on October 31, 1968 leaving behind five grand children: Darshan Singh, Chand Singh, Gurmit Singh, Amar Kaur and Dalip Kaur, the children of his pre-deceased daughter Sant Kaur as his nearest legal heirs. The other heirs being Punjab Kaur the wife of his brother's son Puran Singh, who claimed the property in suit on the basis of the Will exhibit P/l, said to have been executed in her favour on 22nd February, 1968.
(3.) In so far as Jagsir Singh and Malkiat Singh appellants are concerned, their claim in the suit is with regard to 18 kanals and 5 marlas of land, which they purchased for Rs. 12,000/- vide sale-deed exhibit D/4 of April 9, 1970, which was executed in their favour by the grand-children of the said Ishar Singh. Both the courts below upheld the validity of the Will in favour of Punjab Kaur and also negatived the plea of the appellants founded upon Section 41 of the Transfer of Property Act. Neither of these findings warrants any interference in Second Appeal.;