RAM KUMAR SHARMA Vs. CHANDER MOHAN SHARMA

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, petitioners assail the order dtd. 16/12/2024 (Annexure P-8), whereby trial Court dismissed an application under Order VII Rule 11 CPC for rejection of the plaint, moved by the petitioners (defendant Nos.l to 5 herein), in a suit filed by the plaintiff (respondent herein).

(2.) A perusal of the paper book would reveal that the dispute pertains to House No.556, Sector 8B, Chandigarh, which was owned by Late Justice M.R. Sharma. Justice Sharma expired on 4/1/2018. His wife Smt. Yogeshwari expired on 23/1/2021. Justice Sharma had 8 children - 3 sons, namely, Shiv Kumar, Ram Kumar and Chander Mohan, and 5 daughters, namely, Suman, Sunita, Sangeeta, Veena and Anjana. One of the sons Chander Mohan has filed this suit by impleading 05 children as defendant Nos.l to 5, who are the petitioners before this Court. It is averred by the plaintiff that two children, namely, Shiv (since dead) and Anjana were disowned by Late Justice M.R. Sharma during his life time.

(3.) By moving an application under Order VII Rule 11 (d) CPC read with Sec. 151 CPC (Annexure P-6), defendants sought rejection of the plaint. According to them, Will dtd. 23/5/2006 was duly registered with Sub Registrar, U.T., Chandigarh in the presence of two eminent personalities, who were the attesting witnesses to the Will and had served as Judges in the State of Haryana and Punjab and that the said Will was duly acted upon, inasmuch as the suit property was transferred in the name of the plaintiff and applicants/defendant Nos.1 to 5 by way of transfer letter dtd. 11/10/2021 issued by the Estate Officer.