Mr. Amit Rawal, J.:- CM No.13558-C of 2017

For the reasons mentioned in the application, which is supported by an affidavit, delay of 4 days in filing the appeal is condoned.

CM stands disposed of.

RSA No.5102 of 2017

Appellant-defendant has not been successful in defending the appeal before the Lower Appellate Court, whereby the judgment and decree dated 21.08.2015 of the trial court dismissing the suit of the respondent plaintiffs has been set-aside, in essence the suit seeking declaration and permanent injunction, has been decreed.

2. Respondent-plaintiffs instituted the aforementioned suit by averring that Sant Kaur was owner in possession of 3/7 share in the land measuring 166 kanals 2 marlas. During her life time, she executed a registered Will dated 28.11.1985 bequeathing her entire property in their favour, but the defendants wanted to interfere and obtained the mutation on the basis of the natural succession.

3. The defendants opposed the aforementioned suit by asserting that the suit was barred by law of limitation and disputed the genuineness of the Will. It was alleged that Sant Kaur was 90 years old at the time of her death and was not keeping good health for last