Adarsh Kumar Goel, J.

1. The appellant filed a suit for declaration that he was co-owner of the suit premises and that decree dated 18.10.1996, Ex.D-7 in favour of defendant Lakhbir Singh etc. at the instance of Dharam Singh, who was brother of the plaintiff and uncle of the defendants and who died issueless, was void.

2. The defendants contested the suit by virtue of decree Ex:D-7 in their favour. Plea of Will dated 10.5.1990 Ex.D-1 was also taken.

3. The trial Court referred to the admission of the plaintiff that all the brothers had been living separately for the last 15 years and they had separate vote and ration cards. The suit property was, thus, held to be independent and separate property of Dharam Singh. From the evidence of Amrik Singh, DW-3 who proved written statement by Dharam Singh, admitted that claim of the defendants in the present suit, it was held that the decree based on admission on the basis of family settlement, was a valid decree. Due execution of the Will was also held to be proved from the evidence of attesting witness Piara Singh DW-1, Banarsi Dass, DW-4, deed-writer and Kuldip Singh, DW-6, another attesting witness.

4. On appeal, decree of the tr