JUDGMENT

Lisa Gill, J.

This appeal has been filed by the plaintiff-appellants challenging judgment and decree dated 08.02.1999 passed by the learned Civil Judge (Junior Division), Mansa whereby suit for declaration to the effect that the plaintiffs and defendant No. 2 are owners in possession of 3/8th share of land in question, had been dismissed. Challenge is also to judgment and decree dated 09.10.2000 passed by learned Additional District Judge, Mansa whereby appeal filed by the present appellants - plaintiffs has been dismissed.

2. Brief facts necessary for adjudication of the matter are that appellant - plaintiffs filed a suit seeking declaration to the effect that plaintiffs and defendant No. 2 are owners in possession of the property in question belonging to Chand Singh on the basis of Will dated 05.08.1981 registered on 06.08.1981 and that mutation 2596 dated 07.10.1994 is illegal, having no effect on the rights of the plaintiff and defendant No. 2. It is pleaded in the plaint that Chand Singh son of Sham Singh was owner in possession of 3/8th share of land measuring 340 kanals 1 marla situated in revenue limits of village Chakerian. Chand Singh died issueless on 15.04.1993. Defendant No. 1 namely Kartar Kaur widow of Chand Singh was alive and that Chand Singh during his life time transferred some property/land in her favour. Plaintiffs - Maghar Singh (represented by his legal representatives now), Meta Singh, Bahadur Singh are sons of Jaggar Singh i.e. real brother of Chand Singh. Defendant No. 2 is the widow of Kheta Singh, another brother of plaintiffs who pre-deceased Chand Singh. Chand Singh is stated to have executed Will dated 05.08.1981 in favour of the plaintiffs and Kheta Singh out of his own free will, without any kind of pressure and coercion from any quarter. Will was scribed by Gurcharan Singh PW1. Chand Singh is stated to have affixed his thumb impression in the presence of witnesses namely Hamir Singh PW2 and Hardial Singh (since deceased). Will dated 05.08.1981 was registered on 06.08.1981 with the contents thereof being read over and explained to Chand Singh, who affixed his thumb impression in the presence of witnesses and Sub Registrar after admitting its contents to be correct. Both the witnesses also appended their signatures in witness thereof. It is alleged that defendant Kartar Kaur in order to take forcible possession of land in question prepared a forged and fabricated Will dated 28.03.1993 in connivance with the witness and scribe after the death of Chand Singh. Said Will dated 28.03.1993 was statedly rejected by Assistant Collector First Grade, Mansa, who, however, in an illegal and arbitrary manner also ignored registered Will dated 06.08.1981 in favour of the plaintiffs and Kheta Singh. Suit was filed when defendant No.1 refused to acquiesce to the demand of land in question being mutated on the basis of registered Will dated 06.08.1981.

3. Defendant No. 1 contested the suit and filed written statement while defendant No. 2 - widow of Kheta Singh was proceeded exparte on 03.02.1996. Defendant No. 1 - Kartar Kaur while raising preliminary objections regarding locus standi of the plaintiffs and cause of action, took a stand that alleged Will dated 05.08.1981 is a forged and fabricated document as Chand Singh had never executed any such Will and moreover as Kheta Singh had already died, alleged Will was ineffective. Furthermore, suit in question, it is pleaded, had been filed only to harass defendant No. 1. Chand Singh is admitted to be the owner in possession of land in question. While denying execution of Will dated 05.08.1981 in favour of plaintiffs and Kheta Singh, defendant No. 1 claimed that said persons had never looked after Chand Singh and that he was residing with her before his death. It is denied that mutation No. 2596 has been incorrectly sanctioned in favour of defendant No. 1 on the basis of natural succession. All allegations in the plaint were denied. Dismissal of the suit was