An appeal preferred thereagainst by the respondent was also dismissed.
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.
Respondent herein filed a suit in the Court of Civil Judge Junior Division , Mansa praying inter alia for a decree of possession companytending that the said Kehar Singh died intestate.
Appellants, on the other hand, claimed their right, title and interest in the suit property by reason of the said Will executed by Kehar Singh.
341 of 1983.
Allegedly, order of the mutation in respect of the properties situated in the village Jhunir was passed in the year 1979.
The learned Trial Judge in view of the rival companytentions of the parties inter alia framed the following issues 1 C. Whether the suit property developed sic for devolved upon against heirs of Kehar Singh as mentioned in para number 4 of amended written statement?
The said Will is said to have been scribed by the Sarpanch of the village and attested by ten witnesses.
Respondent herein preferred a second appeal thereagainst.
He expired on 5.10.1969.
The parties hereto are his children.
The basic fact of the matter is number in dispute.
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.
Kehar Singh, who was the testator, died on 5.10.1969.
It is further proved from the evidence of Rur Singh, DW 1, Kapoor Singh, DW 2 and Hema Ram DW 3 that Kehar Singh thumb marked the Will, in token of its companyrectness, in their presence and in the presence of other witnesses, whereas they signed and thumb marked the same, in the presence of the testator.
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.
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.
One Kehar Singh was the owner of the property.
B. SINHA, J Leave granted.
