JUDGMENT

Venkataswami, J.-Leave granted.

Heard counsel on both sides at length.

2. Even at the outset we would like to express our unhappiness over the disposal of the second appeal in two words No merit Dismissed by the Punjab and Haryana High Court especially when the controversy related to the genuineness of a will which is not a mere question of fact, but a mixed question of fact and law. The High Court should have gone into the matter in detail and its failure to do so made us to go through the entire records by ourselves.

3. The appellants are the plaintiffs in a suit for declaration that they are the joint owners in respect of 1/3rd share of the land measuring in all 429 kanal 7 marlas as entered in the jamabandi for the year 1983-84 situated in the area of village Kahneke. The plaintiffs also prayed for a further declaration that mutation No. 3030 dated 2.6.1986 sanctioned by the Assistant Collector 1st Grade, Barnala was illegal and ineffective against the rights of the plaintiffs and consequently, relief sought for was to restrain the first defendant in the suit (the first respondent herein) from alienating the suit land on the strength of mutation No. 3030.

4. The admitte