Sanjay Karol, J.

Defendant-appellant Kali Dass, hereinafter referred to as the defendant, has filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 30.10.2004, passed by the learned Additional District Judge, Mandi, Himachal Pradesh, in Civil Appeal No.34 of 2000, titled as Kali Dass v. Minki Devi & others, whereby judgment and decree dated 2.5.2000, passed by the Sub Judge 1st Class, Jogindernagar, District Mandi, Himachal Pradesh, in Civil Suit No.42/95, titled as Minki Devi v. Kali Dass & others, stands affirmed.

2. The core issue, which arises for consideration in the present appeal, is as to whether the Will (Ex.D-1) propounded by the beneficiary (defendant) can be said to be genuine; and proven to have been validly executed by the testator, through the testimonies of scribe Shri Shamsher Chand (DW-2), identifier Shri Ramesh Kumar (DW-3) and attesting witness Shri Bishan Dass (DW-5).

3. Certain facts are not in dispute. (i) Jawahar (testator) is stated to have executed Will dated 10.4.1989 (Ex. D-1), which was registered on 19.4.1989. The challenge is to its validity. (ii) testator died in th