P.S.Rana, J.

Present appeal filed under Section 100 of the Code of Civil Procedure against judgment and decree passed by learned Additional District Judge-II Kangra at Dharashala in Civil Appeal No. 18-K/2001 titled Sh Mahidass alias Man Singh Vs. Smt Sundari Devi and another. Prayer for affirmation of judgment and decree of learned trial Court sought and prayer for setting aside judgment and decree of learned Additional District Judge-II Kangra at Dharamshala HP sought. During the pendency of the appeal Smt Sundari Devi appellant No.1 died and she was deleted from the memo of parties on the ground that her legal heir namely Smt Ramdai is already impleaded as co-appellant.

2. Brief facts of the case as pleaded are that plaintiff Mahi Dass @ Man Singh filed suit for grant of decree of declaration and permanent prohibitory injunction to the effect that the plaintiff is the owner in possession of suit land on the basis of Will executed by testator Sh Rasila Ram. It is further pleaded that mutation Nos. 59 and 78 attested on the basis of Will dated 27th May 1993 are wrong, illegal and not binding upon the plaintiff. It is further pleaded that defendants have no right, title o