JUDGMENT

Anil Kshetarpal, J. (Oral) - While assailing the findings of the First Appellate Court, the defendants have come up in appeal.

2. The dispute is with regard to the succession of the property left behind by late Sh. Bhagat Singh, who died unmarried and issueless. A small pedigree table has been prepared in order to understand the inter-se relationship between the parties:-

3. Sh. Charan Singh, the plaintiff, filed a suit claiming decree of declaration to the effect that he is an exclusive owner of the property left behind by late Sh. Bhagat Singh on the basis of a Will dated 12.12.1961.

4. The defendants contested the suit while asserting that there does not exist any Will dated 12.12.1961, however, late Sh. Bhagat Singh did execute a registered Will on 22.05.1981, in favour of Sh. Mohinder Singh, Sh. Mehanga Singh, and Sh. Piara Singh.

5. The trial court found that the plaintiff failed to prove the Will dated 12.12.1961 but the Will dated 22.05.1981 has been proved. Thus, the suit filed by the plaintiff was dismissed. It may be noted here that no attesting witness of the Will dated 12.12.1961, was examined by the plaintiff.

6. The judgment and decree passed by the trial Court ha