Mr. Amit Rawal J. (Oral) - The appellant-plaintiff has not been successful in seeking the partition by metes and bounds bearing old No.900 to 903/1 and new No.959/1-12 situated at Ram Bagh, near Goal Hatti Chowk, Hall Bazar Amritsar. It was alleged that Saudagar Mal son of Atma Ram was the owner of the aforementioned suit property. He died on 09.01.1965 and survived by three sons namely Munshi Ram, Chunni Lal and Lakhpat Rai. Saudagar Mall had executed a legal and valid Will dated 13.03.1962 and bequeathed entire property to the extent of 1/3rd share to Chunni Lal and 2/3rd share to Lakhpat Rai and his son Munshi Ram was disinherited. Chunni Lal, during his life time, executed a legal and valid Will dated 06.08.1993 bequeathing his share. On his demise on 01.09.1994, his wife had become the owner of the suit property to the extent of 1/3rd share. As per the record of the Improvement Trust, Lakhpat Rai and Chunni Lal purchased the strip of land adjoining the suit property to the extent of 50% each.

2. The defendants opposed the suit and denied the jointness of the property. It was stated that the property had already been partitioned. The factum of the Will executed by Saud