S.S. Nijjar, J. - "Does the legacy qua the deceased legatee lapse, if the legatee or one of the legatees, if there be more than one legatees dies issueless, during the life-time of the testator ?" is the substantial question of law which has arisen in the present Regular Second Appeal.

2. Gajjan Singh was the owner in possession of land measuring 85 Kanals 6 Marlas situated in Village Manakwal, Tehsil and District Ludhiana as detailed in the head note of the plaint. He executed the will on 4.10.1963 in favour of his three sons, namely, Karnail Singh, Malkeet Singh and Ajit Singh. Ajit Singh died on 17.1.1973. He left behind Mohinder Kaur his widow as the sole surviving legal heir. Gajjan Singh (hereinafter referred to as "the testator") died on 26.10.1975. All the three sons were said to be joint legatees under the will. Karnail Singh and Malkeet Singh (hereinafter referred to as "the plaintiffs") filed the present suit for permanent injunction restraining the defendants from alienating in any manner the suit land. The trial court dismissed the suit. Aggrieved against the judgment of the trial court, the plaintiffs filed appeal in the Court of O.P. Dharwal, Addl. District J