RAJINDER KUMAR Vs. BHUSHAN KUMAR OBEROI

JUDGEMENT

(1.) IT is the case of the petitioners, that Shiv Kumar their father and defendants Nos. 5 to 7 before the trial Court were the owners of the suit property and after his death, the petitioners, herein, inherited the same alongwith other properties, which are situated even outside Ambala Cantt. After the death of Shiv Kumar, there had been a family arrangement between all the legal heirs and the same has been confined in the petition under Section 19 of the Legal Services Authority Act, 1987, bearing civil suit No. 469 dated 22.11.2011 decided on 08.12.2011 by the Permanent Lok Adalat, Ambala and after the passing of the award (supra), the petitioners came to know of the Will dated 14.07.2011 executed by Shiv Kumar in their favour. The property bearing House No. 4214, Dal Mandi, Ambala Cantt was also mutated in the name of the petitioners in the record of the Municipal Corporation, Ambala. As per Will dated 14.07.2011, it is the last testament document executed by Shiv Kumar and the petitioners, thereby, inherited the property in question. The last Will dated 14.07.2011 of Shiv Kumar -deceased, judgment and decree dated 08.12.2011 and mutation sanctioned in favour of the petitioners are in the knowledge of the respondents and all others.

(2.) THE respondents Nos. 1 and 2 filed suit under Section 92 of the Code of Civil Procedure seeking a decree for declaration, that the property bearing 4214, Dal Mandi, Ambala Cantt, that was earlier owned by late Shiv Kumar has now vested in the Trust known as Krishan Lal Revti Devi and Sons Trust', that according to them was created as per his last Will dated 20.04.2009.

(3.) IT is the case of the petitioners, that civil suit No. 3 of 08.02.2013 filed by the respondents Nos. 1 and 2, herein, before the trial Court against them and respondents Nos. 3 to 6, is not maintainable. Alongwith the suit, the respondents Nos. 1 and 2 filed an application under Section 92 of the Code of Civil Procedure seeking leave of the Court to permit them to file suit.