JUDGMENT

K. Ramamoorthy, J.

1. In Probate 24/73 the petitioners propounded the Will of late Kundan Singh. In Probate 32/78 the same petitioners propounded the Will of late Polo Singh, who was the elder brother of Kundan Singh.

2. The objector to the probate case 24/73 is the daughter of Kundan Singh Smt. Gurbax Kaur. The objectors to the probate case 32/78 are the widow of Polo Singh Smt. Gurbachan Kaur and her daughter Guridner Kaur.

3. A brief outline of the story of propounder of the two Wills has to be given. One Chanda Singh had 5 sons and a daughter:

1. Rulia Ram

2. Paras Ram

3. Polo Singh

4. Kundan Singh

5. Mange Ram

6. Parsi Devi

Rulia Ram died in 1951 leaving behind the two sons Pritam Singh and Hari Singh.

4. Paras Ram died in 1939 leaving behind Amar Singh and two daughters who had been married.

5. These two sons of Rulia Ram, Pritam Singh and Hari Singh and son of Paras Ram, Amar Singh are the petitioners in both the probate case.

6. Polo Singh died on 4.11.1977.

7. Kundan Singh died on 17.8.1971.

8. Mange Ram died in the year 1982 unmarried. We are not concerned with Parsi Devi. She had been married and gone to her husband's family.

9. Polo Singh and