Mr. Raj Mohan Singh, J.:- In this appeal, plaintiffs have assailed the judgment dated 30.05.2014 passed by Additional District Judge, Chandigarh vide which appeal has been accepted and the case has been remanded back to the trial Court after setting aside the same with the direction to allow the defendants to lead evidence on issue No.2 on the basis of reframed issue.

2. The original issue No.2 was to the following effect:-

“2. Whether the Will dated 16.10.2002 is illegal, null and void? OPP.”

3. Now after re-casting of the issue No.2, the issue reads as under:-

“Whether Ajit Singh @ Inderjit Singh executed the Will dated 16.10.2002?OPD.”

4. The pleaded case of the plaintiffs is that they filed suit for declaration that the Will dated 16.10.2002 executed by Ajit Singh @ Inderjit Singh is illegal, null and void. Plaintiffs and defendant No.1, 5 and 6 are owners of House Nos.66 and 68, Sector 20-A, Chandigarh to the extent of 1/4th share each. Plaintiffs also sought relief of cancellation of transfer of ownership of House No.68, Sector 20-A, Chandigarh in the name of defendant No.2, besides seeking mandatory/temporary injunction seeking to restrain the defendants No.1 and 2 from alienating the suit land. They also seek to restrain defendants No.3 and 4 from issuing No Objection Certificate in favour of defendants No.1 and 2 and further seek mandatory injunction directing the defendants No.3 and 4 to transfer the ownership of both the houses in favour of plaintiffs and defendants No.1, 5 and 6 in equal shares.

5. Ajit Singh @ Inderjit Singh was owner of House Nos.66 and 68, Sector 20-A, Chandigarh. He died on 07.07.2003 leaving behind defendants No.1, 5 and 6 and Jaswinder Singh, who died on 04.01.1994 leaving behind plaintiff No.1 as his widow and plaintiffs No.2 to 4 as his children. Plaintiffs were occupying the entire first floor of House No.66, Sector 20-A, Chandigarh comprising of three bed rooms, kitchen, latrine, bathroom and verandah being legal heirs of Jaswinder Singh. The ground floor of aforesaid house was occupied by defendants No.1 and 2, whereas second floor was occupied by defendant No.5 and his family.

6. Both the houses i.e. House Nos.66 and 68, Sector 20-A, Chandigarh were purchased by Ajit Singh @ Inderjit Singh from the funds of HUF being Karta as well as Manager of the family. The income was derived from agricultural pursuit in the village. House No.68 was in joint ownership of the family members under possession of tenants. Ajit Singh and sometimes defendant No.1 used to pay 1/4th share of rent to plaintiff No.1, but for the last 2/2½ years no rent was paid by the defendants No.1 and 2 on the ground that tenants were not paying the rent regularly.

7. After the death of Ajit Singh, plaintiffs became owner to the extent of 1/4th share in both the houses. Ajit Singh had orally divided the share in the property during his lifetime as per the occupation of the parties in House No.68. Plaintiffs have been occupying first floor of House No.68, whereas Lakhbir Singh came in possession of first floor and defendant No.1 occupied the second floor of the aforesaid house.

8. In July 2005, the plaintiffs came to know about the execution of Will by defendant No.1 in favour of his wife Balwinder Kaur/defendant No.2 by misrepresenting Ajit Singh @Inderjit Singh in respect of House No.68, Sector 20-A, Chandigarh. According to Will both houses were divided into three equal shares, but in para No.2 of the Will the whole situation was changed by showing that House No.68, Sector 20- A, Chandigarh was bequeathed in favour of defendant No.2 alone.

9. The Will was claimed to be fraudulent and was got executed by playing fraud by defendants No.1 and 2 in connivance with each other. The Will was bearing thumb impression of Ajit Singh, despite the fact that he used to put signatures on the documents. The Will was got drafted by Darshan Singh as per his own wishes. Darshan Singh got House No.68, Sector 20-A, Chandigarh and tra