S.K.Kapur, J.

1. Malik Kirpal Singh, the brother of Malik Anup Singh plaintiff, died on 18-1-1959. The petitioners in this Court are his widow, son, the defendants in the suit filed by Malik Anup Singh for a declaration, out of which the present revision petition has arisen. The plaintiff in the suit claimed that Malik Kirpal Singh made a will, dated 7-1-1959, whereby he disinherited the defendants and gave all the property to his younger brother Malik Inder Singh. It is further said that Malik Inder Singh applied for grant of succession certificate to collect the assets of Malik Kirpal Singh. The defendants also made a similar application and when both the applications were pending, Malik Inder Singh died on 11-12-1963. The plaintiff has claimed that he is entitled to all the assets left by Malik Inder Singh, who appointed him as the sole legatee under a registered will, dated 7-12-1963. That property, according to the plaintiff, would also include the property inherited by Malik Inder Singh from Malik Kirpal Singh. In these circumstances, the plaintiff has prayed for a declaration that, "It be declared that Malik Kirpal Singh did execute a will, dated 7-1-1959, in favour