ORDER :- A challenge has been laid by way of this regular second appeal to the judgment and decree passed by the Additional District Judge, Kullu on 1-5-1995 in Civil Appeal No. 58 of 1993.

2. The brief facts necessary for the adjudication of the second appeal are that the appellants-plaintiffs hereinafter referred to as the plaintiffs for convenience sake, had filed a civil suit in the Court of Senior Sub- Judge, Lahaul-Spiti District at Kullu for declaration.

3. The trial Court on the basis of the pleadings of the parties had framed the following issues :-

1. Whether the plaintiffs are co-owners in possession with defendant Nos. 1, 7 and 8 of suit land, as alleged? OPP

2. Whether the plaintiffs are entitled to the relief of permanent prohibitory injunction as prayed? OPP

3. Whether Shri Himatu executed a valid Will on 16-4-1985 in favour of defendant No. 1 as alleged? OPD-1

4. Whether the sale of the suit land by defendant No. 1 in favour of defendant No. 5, 2 to 6 dated 25-2-1991 is null and void and without title as alleged? OPP

5. Whether the plaintiffs are estopped from filing this suit by their acts and conduct as alleged? OPDs

6. Whether the suit is properly valued for purpose of Court-fee and jurisdiction and inalternative relief of possession? If not what is correct valuation? OP Parties

7. Whether the defendant No. 1 was ostensible owner of the land in suit with the consent of the plaintiff and defendant No. 5, 2 to 6 and bona fide purchasers as alleged in para No. 4 of the preliminary objection of written statement? OPD-2 to 6.

8. Relief

4. The trial Court had given the following findings on the issues framed hereinabove :

Issue No. 1 Yes

Issue No. 2 Yes

Issue No. 3 No

Issue No. 4 Yes

Issue No. 5 No

Issue No. 6 Yes

Issue No. 7 No

Relief

Suit of the plaintiffs is decreed as per operative portion of judgment.

5. The trial Court on the basis of the evidence led by the parties had decreed the suit of the plaintiffs and declared the Will Ex. DW-2/A, dated 16-4-1985 as forged and fictitious document. The trial Court had also declared the sale of the suit land by the defendant No. 1 in favour of defendants No. 2 to 6 dated 25-2-1991 as null and void.

6. Feeling aggrieved by the judgment and decree dated 30-8-1993 passed by the trial Court, defendant No. 1 Smt. Sunari filed an appeal before the learned Additional District Judge, Kullu on 23-9-1993. The defendant Nos. 2 to 6 had also preferred an appeal against the judgment and decree passed by the trial Court before the Addl. District Judge, Kullu. The learned Additional District Judge had framed the following points for determination :-

Point No. 1 Whether it is satisfactorily proved on record that Himatu deceased had executed the Will Ex. DW2/A in favour of the defendant-appellant Smt. Sunari, as alleged?

Point No. 2 Final order.

7. The learned District Judge had recorded the following findings on the aforesaid points :

Point No. 1 Yes

Point No. 2 Both the appeals are accepted as per operative portion of judgment.

8. The learned Additional District Judge accepted both the appeals and judgment and decree passed by the trial Court was set aside on 1-5-1995.

9. The present appeal has been filed by the plaintiffs-appellants against the judgment and decree passed by the learned Additional District Judge, dated 1-5-1995.

10. This second appeal was admitted by this Court on the following substantial questions of law :

1. Whether on the material on record, the only irresistible conclusion which could be drawn was that the Will Ex.DW2/A was forged and fictitious document and had not been executed by Himtu in a sound disposing mind?

2. Whether the suspicious circumstances attached to the execution of Will Ex.DW2/A have been explained and the Court below was justified in depriving the natural heirs of Himtu who were solely dependent on the property, moreso, when they were minors and widow?

3. Whether the important document which was a foundation of the case, particularly DW2/A, DW1/A and PX, PY and PZ and PZ/1 ha

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