(1.) Aggrieved by the judgment and decree dated 29.11.1999 passed by learned District Judge, Mandi in civil appeal No. 42 of 1995 whereby on reversal of the judgment and decree dated 21.3.1995 passed by learned Senior Sub Judge, Mandi in Civil Suit No. 121 of 1990, holding the will Ex. DW-1/A as illegal and invalid being shrouded by suspicious circumstances and the will Ex. PW-2/A executed in favour of plaintiff No. 2 as legal and valid, declared plaintiff No. 2, Smt. Tulki to be the sole owner in possession of the suit land entered in khata/khatauni No. 31/51, khasra No. 5, measuring 4-16-2 bighas situated in Mohal Tikri-40, Tehsil Chachiot to the exclusion of appellant (hereinafter referred to as 'the defendant' for convenience sake) and as regards the remaining land of deceased, Kundan, Predecessor-in-interest of the parties in Mohal Sari, it is ordered that natural succession shall follow and the plaintiff and defendants shall inherit the same in accordance with law. The legality and validity of the impugned judgment and decree has been questioned on the ground, inter alia, that learned lower appellate Court has erroneously concluded that the will Ex. DW-1/A was not valid, particularly, when the earlier two wills Ex. PW-1/A and Ex. PW-2/A stand revoked thereby, the same was the only last will executed in a most equitable manner by the testator to bequeath his property in favour of his two sons (plaintiff No. 1 and defendant) in equal shares. The findings that the will Ex. DW-1/A is not proved to be validly executed as per requirement of the provisions of Section 63 of the Indian Succession Act and that blank papers were used to get the same scribed, are stated to be absolutely wrong and based on surmises and conjectures.
(2.) The appeal has been admitted for final hearing on the following substantial question of law:-
(3.) Before coming to adjudication of the only substantial question of law arising for determination in this appeal, it is desirable to take note of the facts briefly borne out from the pleadings of the parties and the evidence produced in the trial Court.