D.S.Tewatia, J.

1. One Kirpa made a Will of his property including agricultural land and a house detailed in the plaint in favour of the defendant-respondent on 3rd December, 1952. About five years thereafter, the testator died and on the strength of the said will, Exhibit D.2, the defendant-respondent got the suit land mutated in his name. The plaintiff-appellants, who claimed themselves to be reversioners within fifth degree of Kirpa testator, field the present suit, wherein they sought the possession of the suit property and also sought a declaration to the effect that they were entitled to succeed to the property of Kirpa and that the Will in question is invalid inter alia on the ground that land so willed aways was ancestral property as between the testator and the plaintiff-appellants. The suit was resisted by the defendant-respondent and the trial Court framed the following issues -

"1. Whether the plaintiffs are the heirs of Kirpa deceased ?

2. Whether Kirpa deceased disposed of the property in dispute by a valid Will in favour of the defendant ?

Note. - Valid means whether the deceased was of disposing mind when he made the Will ?

3. Whether Kirpa deceased was the