Kamlesh Sharma, J,—This is a Regular Second Appeal against the decree and judgment dated 23rd June, 1979 passed by the Additional District Judge, Kangra at Dharamshala, whereby the decree and judgment dated 22nd June, 1978 of Senior Sub-Judge, Kangra at Dharamshala, was affirmed and the suit of respondent-plaintiff, Tota Ram, was decreed.

2. The facts of the matter are that one Kapura had three sons, namely. Narainu, Gopala and Surat Ram. Out of them, Narainu died on 6-6-1967 and did not leave behind either widow or any child. He bequeathed his property, which is subject matter of the present litigation, in favour of two of the sons of his brother Surat Ram, namely, Lashkri, the original defendant and Udham Singh, the present appellant-defendant No. 2. Lashkri had died in the lower Court and his legal representatives, Smt Kartari Devi and others, were brought on record, who are now appellants-defendants No. 1 and 3 to 6. The original plaintiff was Gopala who had also died in the trial Court and his legal representative, Tota Ram, was substituted in his place. The original plaintiff, Gopala, had filed a suit for possession of the land in dispute challenging the will executed