JUDGMENT :

SURJIT SINGH, J.

1. This appeal by the defendants is directed against the judgment and decree dated 3rd August, 1999 of learned District Judge, whereby accepting plaintiffs- respondents appeal, judgment and decree dated 29th October, 1997 of the trial Court have been partly set aside and a decree, declaring plaintiffs-respondents Brahma Nand and Subhash as owners of a part of the suit property, to the extent of 5 bigha 8 biswas, has been passed.

2. Present appeal was admitted on the following substantial questions of law:

"1. Whether self serving admission of Dalip Singh as power of attorney of Chet Ram, donor for execution of gift deed dated 4.2.93 Ext. PF is sufficient proof for the execution of gift deed Ext. PF when there is a dispute of execution of gift deed dated 4.2.93, more particularly, when neither scribe nor any attesting witness of the gift dated 4.2.93 has appeared in the witness box to prove gift and when Dalip Singh has an interest in the gift?

2. Whether gift deed Ext. PF by Dalip Singh as power of attorney of Chet Ram in favour of his own sons, Brahma Nand and Subhash is the result of breach of trust and fiduciary relationship as well as misuse of power of attorney Ext. PE of Chet Ram by Dalip Singh?

3. Whether Dalip Singh author of gift deed Ext. PF on the basis of power of attorney Ext. PE is legally competent to accept the gift on behalf of donee's, Brahma Nand and Subhash and whether donee's were put in possession of the gifted land on the basis of gift Ext. PF?"

3. A suit was filed by the plaintiffs-respondents and their father Dalip Singh (now dead and represented by plaintiffs-respondents No. 2 and 3), for declaration that they were owners in possession of 12 bigha 16 biaswa land, which was earlier owned by Chet Ram, the father of deceased Dalip Singh and grandfather of plaintiffs-respondents Brahma Nand and Subhash. It was pleaded that out of the total 12 bigha 16 biswas land, 5 bigha 8 biswa land had been donated by said Chet Ram in favour of his grandsons, respondents Brahma Nand and Subhash, by executing a gift deed, through his attorney, namely Dalip Singh (deceased plaintiff), who was his son. With respect to the rest of the property, it was stated that the same had been inherited by Dalip Singh, on the death of Chet Ram, in November, 1993.

4. It was pleaded that the plaintiffs had come to know that the present defendants-appellants got the entire estate of Chet Ram, including 5 bigha 8 biswa land, which had earlier been donated in favour of plaintiffs-respondents No. 2 and 3, mutated in their favour, on the strength of a Will, allegedly executed in their favour by Chet Ram, father of deceased plaintiff Dalip Singh. They sought a declaration that the said mutation order was illegal, void and of no effect upon their rights, title and interest in the suit property.

5. Appellants-defendants contested the suit. They alleged that Chet Ram was unaware of the execution of gift deed by Dalip Singh in favour of his sons defendants-respondents No. 2 and 3, though it was admitted that Dalip Singh had been appointed as attorney by Chet Ram. It was stated that the gift was result of a conspiracy between Dalip Singh and the marginal witnesses of the gift deed. Further, it was stated that Dalip Singh had not rendered any services to his father and displeased with the conduct of Dalip Singh, his father Chet Ram not only cancelled the instrument of power of attorney executed in his favour, in the year 1989, but also appointed Desh Raj, the father of the appellants-defendants, as his attorney and bequeathed his entire property in favour of the defendants-appellants, by means of Will dated 30th March, 1993, Ex. DW-2/A.

6. Various issues were framed by the trial Court, on the pleadings of the parties. It was held that execution of gift deed had not been proved. Will was held to have been validly executed by Chet Ram in favour of the defendants-appellants. Consequently the suit was dismissed.

7. Appeal filed by the