JUDGMENT

S.B. Sinha, J.

1. Leave granted.

2. This appeal is directed against a judgment and order dated 11.07.2006 passed by a learned Single Judge of the Punjab and Haryana High Court whereby and whereunder a judgment and order dated 18.11.1998 passed by the Additional District Judge, Mansa in civil Appeal No. 59 of 1996, dismissing the appeal preferred by the respondent herein from a judgment and decree dated 12.02.1996 passed by the civil Judge (Junior Division), Mansa in civil Suit No. 341 of 1983.

3. The basic fact of the matter is not in dispute.

One Kehar Singh was the owner of the property. The parties hereto are his children. He is said to have executed a Will on or about 14.05.1969 in terms whereof he bequeathed all the agricultural properties in favour of his sons. The said Will is said to have been scribed by the Sarpanch of the village and attested by ten witnesses. He expired on 5.10.1969. Mutation in respect of the properties situate in the village Lohgarh in favour of his sons was allowed by an order dated 4.02.1970. Allegedly, order of the mutation in respect of the properties situated in the village Jhunir was passed in the year 1979.

4. Respondent herein filed a suit i