1. The facts giving rise to this second appeal are these. The property in dispute in some agricultural land, situate in village Bolewal, District Gurdaspur. It belonged to Lal Singh and his brother Sher Singh in equal shares. Lal Singh died and on his death, his share was inherited by his son Milka Singh. On 15th December, 1957, Sher Singh is alleged to have executed a will in favour of Kundan Singh son of Milkha Singh. On 16th October, 1958, Sher Singh died without leaving any child or a widow. His share in the property was mutated by the revenue authorities in favour of his sister Shrimati Ramo. On 23rd June, 1960, Kundan Singh minor, through his father Milkha Singh., and Milkha Singh on his own behalf as well, brought a suit, out of which the present second appeal has arisen, against Ramo, for declaration that they were the owners-in-possession of the land in question.

2. The suit was contested by Ramo, defendant No. 1, on a number of pleas, but in the present appeal, it is not necessary to mention them, because the case is being decided on a preliminary issue.

3. During the pendency of the suit, on 10th February, 1961, the plaintiffs filed an application under Order 23,