of Section 68 of the Indian Evidence Act, for, the evidence of both the witnesses namely Dilbagh Singh-Deed Writer and Malkiat Ram, who were examined as PW1 and PW2, has throughout with regard to the execution of the will been consistent. In fact, after the death of Nasib Kaur, who died in the year 1985, the plaintiff had been living with Gurpal Singh though the marriage was contracted in 1992. He submitted that on the basis of services rendered by the plaintiff, Gurpal Singh executed unregistered will dated 04.1.1987. PW3-Hardip Kaur and her brother-Malkiat Ram (PW2) admitted in their cross examination that the marriage of Hardip Kaur with Gurpal Singh was performed as per sikh rites but they did not remember the date. Had all the facts of the case been noticed by the lower Appellate Court, the first appeal would not have been accepted. PW1-Dilbagh Singh, Deed Writer stated that he drafted the will at the instance of Gurpal Singh and made an entry in his register thus mutation No.669 sanctioned in favour of the defendants on the basis of natural succession was liable to be set aside. Another witness Girdhari Lal could not be examined as he expired.
