Judgment

KAPUR, J. : This appeal arises out of the judgment and order of the High Court of the Punjab reversing in second appeal the decree of the District Court and thus dismissing the plaintiffs suit for declaration. In order to understand the question in controversy it is necessary to set out of following pedigree.

2. On August 11, 1947, Mangal Singh executed a will bequeathing the property in dispute to Amar Singh defendant No. 1. After the death of Mangal Singh on October 25, 1947, the mutation of his estate was effected in the name of Amar Singh on April 10, 1948, by mutation No. 733. The plaintiffs Sohel Singh, Waryam Singh and Shiv Singh brought a suit for declaration that the will was ineffective against them and for possession of certain parcels of land mutated in the name of Amar Singh. The allegation was that the will was made under undue influence, coercion and fraud and that Mangal Singh had no power to make the will as the land in dispute was ancestral qua the defendants. These allegations were denied and requisite issues were raised. The suit was dismissed by the trial Court holding that it was not proved that the execution of the will was procured by the exercise of