N.K.Kapoor, J.

1. This judgment shall dispose of Regular Second Appeal No. 1402 of 1991 and Civil Revision No. 2203 of 1991 arising out of the judgment and decree of Additional District Judge, dated 1.6.1991.

2. The present appellants filed a suit for declaration that they alongwith Bakshish Singh respondent are owners in possession of land as detailed in the heading of the plaint with consequential relief of permanent injunction restraining Sohan Singh respondent from interfering in their possession. In the alternative they prayed that if not found in possession, they be delivered possession of the land in dispute.

3. Amar Singh real brother of the appellants and Bakshish Singh respondent was owner of the land subject matter of the present dispute. He died on 26/27.10.1987 at village Mallo Mazra. Amar Singh was bachelor and so the appellants and Bakshish Singh succeeded being his legal heirs/ brothers. Even Amar Singh executed a Will in their favour on 23.7.1975. It was averred that Sohan Singh had no connection with the deceased and since he threatened to take forcible possession of the land, hence the present suit.

4. Bakshish Singh as well as Sohan Singh contested the c