Judgement

A.P.SEN, J.:- This appeal by special leave is directed against the judgment and decree of the Punjab and Haryana High Court dated April 30, 1979 arising out of a suit brought by the appellant, as plaintiff, for declaration of her one-sixth share in the suit lands and for joint possession against the respondents who are her paternal cousins, on the allegation that they had abducted her mother Mst. Pari and that the alleged will dated August 24, 1972 , Exh. D-1, purported to have been executed by her mother in their favour was not genuine but had been procured by fraud. Her case was that her mother Mst. Pari had been abducted by the respondents and they got the will executed, and that case has not been substantiated. Both the learned Additional District Judge as well as the learned Subordinate Judge have on a consideration of the evidence held that due execution of the will, Exh. D-1, as well as its attestation were proved. and also that there were no suspicious circumstances surrounding its execution which create doubt as to the testamentary capacity of the testatrix or tend to show that she did not make the disposition of her own free will. The High Court dismissed the sec