ARUN PRABHA Vs. RAJESH KUMAR

JUDGEMENT

(1.) By means of this petition, the Petitioners (hereinafter referred to as the Defendants) have challenged the order dated 27.9.2005 passed by the learned District Judge, Solan whereby in the appeal filed by the Plaintiffs, he allowed their application and permitted them to withdraw the suit, which already stood dismissed, with liberty reserved to them to file a fresh suit in respect of the same property and on the same cause of action.

(2.) To appreciate the rival contentions of the parties, it would be appropriate to refer the pedigree table as set out by the Plaintiffs (Respondents herein).

(3.) The Plaintiffs Dharam Singh and Sant Lal are the sons of Narainu. The original Defendant Sumitra Devi was the daughter of late Shri Shiv Dutt and the other Defendants namely, Mohinder Kumari, Arunprabha and Sarda Devi were the grand-daughters of late Shiv Dutt. Their mother Shakuntla had already expired. Lachhmi Devi widow of late Shri Shiv Dutt had also expired. According to the Plaintiffs, late Shiv Dutt had executed a release deed/relinquishment deed qua the suit property in their favour and thereafter the Plaintiffs continued to be in possession of the entire suit land. The Plaintiffs also challenged the Will executed by late Shiv Dutt vide which he had bequeathed his property in favour of his widow Smt. Lachhmi Devi and daughters Sumitra and Shakuntla. The Plaintiffs basically questioned the authority of Shiv Dutt to execute the Will on the ground that he had relinquished the suit property in their favour and, therefore, he could not have bequeathed it in favour of his heirs.