JUDGMENT :

ANIRUDDHA BOSE, J.

1. The appellant before us is the State of Haryana assailing the legality of a judgment delivered by the High Court for the State of Punjab and Haryana at Chandigarh on 5th May, 2008. In the judgment under appeal, the High Court set aside the concurrent finding of the Trial Court and the First Appellate Court on the point of genuinity of a Will of one Kishan Singh by which agricultural land comprising of 52 kanals and 3 marlas in the district of Kurukshetra in Haryana stood bequeathed to one Harnam Singh (since deceased). The Will [the English translation of which has been annexed to the counter-affidavit of one Naseeb Singh, filed as and on behalf of the legal heirs of Harnam Singh (deceased)] does not specify the area or description of the land. The disposition in the said instrument is of “all the land which is my self-acquired and other movable and immovable properties located at Patti Dogran Kaithal.”

2. On the death of Kishan Singh on 15th January, 1975 (the date as reflected in the High Court judgment), dispute arose over mutation of the subject-land as the original plaintiff Harnam Singh (deceased) claimed the right over the subject-land on the ba