Rajive Bhalla, J (Oral):-The appellant challenges the judgement and decree passed by the Additional District Judge, Sangrur dated 31.3.1981, accepting the appeal filed by respondents no.1 and 2, thereby reversing the judgement and decree dated 21.3.1980 passed by the Sub Judge, Ist Class, Malerkotla and as a result decreeing the suit filed by respondents no.1 and 2.

2. Smt.Bhan Kaur, now deceased, filed a suit praying for grant of a declaration that as her real brother Saon Singh, had passed away unmarried and issueless, she has become exclusive owner of suit land, measuring 33 Kanals and 7 Marlas, situated in Village Nathumajra.

3. Mohinder Singh, the defendant-appellant denied the averments in the plaint and pleaded that Saon Singh was married to Smt. Sardari and the appellant was born from this wedlock. During his life time, Saon Singh, executed a Will, dated 19.3.1966, bequeathing his entire property to Smt.Sardari and the appellant in equal shares. Smt. Sardari passed away on 15.4.1970 and upon her demise, the appellant has become sole and exclusive owner of the suit land. On the pleadings of the parties, the learned trial Court framed the following issues :-

“1. Wheth