Ajay Mohan Goel, J.:

By way of the present appeal, the appellant/defendant has challenged the judgment and decree passed by the Court of learned Presiding Officer, Fast Track Court, Mandi, in Civil Appeal No. 140/2003, 21/2005, dated 09.05.2006, vide which, learned Appellate Court has upheld the judgment and decree passed by the Court of learned Sub Judge Ist Class, Court No. 3, Mandi, in Civil Suit No. 144/99, dated 31.07.2003.

2. This appeal was admitted on 17.05.2007 on the following substantial questions of law:-

“1. Whether an identifier can be attesting witness of the will Ex. DW2/A?

2. Whether there is totally misreading of the evidence of the appellant by both the ld. Courts below especially DW2, DW3, DW4 and DW6, which has caused great miscarriage of justice to the appellant?”

3. Brief facts necessary for the adjudication of the case are that respondents/plaintiffs, hereinafter referred to as the plaintiffs, filed a suit for declaration with consequential relief of injunction on the ground that late Chhitru was owner in possession of the suit land to the extent of 1/4th share and he died on 18.01.1999 when he was more than 95 years of age. The plaintiffs, defendant