Mr. A.N. Jindal, J.: - This judgment shall dispose of RSA Nos. 1806 & 1292 of 2011 both titled as Harsimran Kaur Vs. Sukhchain Singh & Ors.; and Harsimran Kaur Vs. Gurinder Singh & Ors., respectively, as these arise from a common judgment and common question of law and facts are involved in both these appeals.

2. Trial court vide judgment dated 16.08.2008 decreed the suit of the plaintiff/appellant Harsimran Kaur (hereinafter referred as the plaintiff) against the defendants for declaration and permanent injunction to the effect that she is owner in joint possession of 1/5th share in the suit land. However, on appeals preferred by the defendants the first appellate court vide judgment dated 29.11.2010 while setting aside the judgment and decree passed by the trial court accepted the appeals and dismissed her suit.

3. Col.Ajaib Singh had three sons namely Sukhchain Singh, Gurdev Singh and Harminder Singh. Harminder Singh predeceased Col.Ajaib Singh. Plaintiff is the daughter of Harminder Singh. Col.Ajaib Singh had two daughters namely Rajinder Kaur and Malwinder Kaur, who are defendant Nos. 4 and 5, (proforma defendants).

4. Col. Ajaib Singh had allegedly executed a Will fo