Hon™ble Pt Shiam Krishna Dar-This is an appeal against a judgment and decree of the High Court dated 16th, Jeth 2003, by which a judgment and decree, dated Bhadon 5, 2002, of the Senior Subordinate judge of Kashmir, was reversed; and whereby a judgment and decree, dated Chet 31, 2001, of the First Additional Munsiff Srinagar, was affirmed.

On Poh 11th, 1993, Rajasingh, a Hindu resident of village Chandargam, Tehsil Awantipura, executed a will by which he devised a portion of his estate situated in villages Baragam and Chatargam of Tehsil Awantipura, in favour of the respondent who was his third wifes son by another husband. The two sons of Rajasingh by a previous wife, named Rangil Singh and Chattar Singh, who are now represented by the appellant, challenge this will on the ground that it is inoperative, as the property disposed of by it was the coparcenary ancestral property of Rajasingh and his two sons Rangilsingh and Chattarsingh which Rajasingh had no power to dispose of by his will.

The said will was also attacked on the ground that Rajasingh at the time of its making had not a sound disposing mind. And the respondents had also challenged the parentage of Rangilsingh and Chatt

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