JUDGMENT :

JYOTSNA REWAL DUA, J.

1. This is appellant/plaintiff's second appeal for challenging the Will dated 29.02.1988, executed by one Sh. Latu and consequent attestation of mutation on that basis, in favour of the defendant.

2. Original parties to the litigation died during the pendency of present appeal and were substituted by their successors-in-interest. The parties are being addressed hereinafter as 'plaintiff' and 'defendant', as they were in learned Trial Court. Plaintiff (now successors-in-interest) is the appellant in the present appeal and defendant (now successors-in-interest) is the respondent.

3. Facts which have come out from the record are:-

3(i) Latu, the testator of the suit property in question, was owner in possession of the suit land measuring 9-15 bighas, comprised in Khata Khatauni No. 50/96, Khasra Nos. 42, 93 and 309, situated in Mauza, Briela, Pargana Giripur, Tehsil Rajgarh, District Sirmour, H.P., as per Jamabandi for the year 1986-87. Latu's wife had predeceased him. He had no issues. The plaintiff (Jatho Devi) is daughter of one Sh. Dhonu, brother of Latu. Jatho Devi, was married years ago and was living separately in her matrimonial home in a separate d