R.L. Khurana, J: The appellants, who were the defendants No. 1 to 3 and 6 before the learned trial Court, have preferred the present second appeal against the judgment and decree dated 11:9.1997 of the learned District Judge, Solan, passed in C.A. No. 23-S/13 of 1996 modifying the judgment and decree dated 27.8.1996 passed by the learned Senior Sub Judge, Solan, in Civil Suit No. 207/1 of 1991.

2. Respondent No. 1 before this court was the plaintiff while respondents 2 and 3 were the defendants No. 4 and 5 respectively before the learned trial Court. The parties are hereinafter being referred to accordingly.

3. Briefly, the facts of the case may be thus stated. One Balak Ram son of Mohar Singh owned property in village Jabal Jamrot, Pargana Haripur, Tehsil and District Solan. He died on 31.10.1987. After his death his estate came to be mutated in favour of defendants No. 1 and 2, his grand sons, on the basis of a will dated 4.12.1978 alleged to have been executed in their favour by the deceased Balak Ram, on 20.2.1988 vide mutation No. 1313.

4. The plaintiff by claiming himself to be a son of the deceased Balak Ram, filed a suit for declaration to the effect that mutation No.