( 1 ) THIS is defendants appeal. Having lost from both the Courts below the present appeal has been preferred at the instance defendant of original suit No. 69 of 1972 filed for cancellation of a Will dated 9th June, 1970 executed by Shri thakur Singh son of Beni Singh. To appreciate the facts of the case it is necessary to give a small pedigree as follows: @@@ beni Singh / thakur Singh ___________/ / Rajni (wife) Chandrawati (wife)/ (Def. 2-Appellant)/ / / Jangi Singh (Def. 1-Appellant)Lal Singh (deceased) / = Tikam Kaur (P. 2) Raghuveer Singh /_________________ (P. 1)_______ / / kanchan Singh Ratan Singh (P. 3)@@@ (P. 4)

( 2 ) FROM the above pedigree it is clear that Thakur Singh the father of the present appellant No. 1 had two wives one Smt. Rajni and second Smt. Chandrawati. Two sons Lal singh and Raghubeer Singh were born from the wedlock of Thakur Singh with Rajni. Lal singh predeceased son of Thakur Singh had left his widow Tikam Kaur and two sons kanchan Singh and Ratan Singh. The sons and grandsons from the first wife of Thakur singh are the plaintiffs and they filed suit for cancellation of Will dated 9-6-1917 executed by Thakur Singh. The said suit is against the stepbro

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