JUDGMENT

K. RAMASWAMY, J. :—This appeal by special leave arise from the judgment of the Division Bench dated May 16, 1977 in R. S. A. No. 117 of 1971 of Punjab and Haryana High Court. The appellant is the first defendant. Kirpal Singh, first respondent, laid the suit for possession of agriculture lands, buildings and movable properties from the appellant and another with certain declarations. Kirpal Singh is a step brother of one Kartar Singh, husband of Harbant Kaur. She succeeded to a limited widow estate in the year 1922 on her husbands demise and she executed a will Ex. D.1 dated August 12, 1967 in favour of the appellant, daughter of Harbant Kaurs sister to an extent of 36 acres etc. The trial Court decreed the suit holding that the will was not proved to have been validly executed and in consequence the respondent/plaintiff became entitled to the estate of Kirpal Singh. On appeal, the Sub-Judge, Ist Class, Rajpura in his decree and judgment dated January 21, 1971 confirmed the same agreeing that the will has not been proved. When the appeal was posted before the Division Bench, one learned Judge held that the will have not been proved while another learned Judge held it to ha