DEV PARKASH Vs. KALAWATI WIDOW OF HET RAM

JUDGEMENT

(1.) THE plaintiffs are in second appeal against judgment, decree dated 25.5.2002 passed by learned Addl. District Judge, Solan in Civil Appeal No. 75-NL/13 of 2001, reversing judgment, decree dated 18.9.2001 passed by learned Sub Judge, Nalagarh in Civil Suit No. 323/1 of 1998.

(2.) THE facts in brief are that appellants had filed a suit for declaration that they are co-owners in equal share to the extent of shares a pleaded in the plaint of land, more specifically, described in the plaint, situate at villages Kohu Upperla and Ploya Kanaitan, Pargana Malaun, Tehsil Nalagarh, District Solan. THE mutation Nos.503 and 67 dated 26.8.1998 are wrong, illegal, null and void. THE consequential relief of permanent prohibitory injunction has also been prayed. THE further case of the appellants is that the suit land was earlier owned by Het Ram who died on 2.7.1998 issueless. THE respondent is the widow of Het Ram. THE appellants served Het Ram being his nephews. THE deceased Het Ram executed Will dated 23.6.1998 of his property to the extent of ? share in favour of appellants and remaining ? share in favour of respondent.

(3.) ON the pleadings of the parties, the following issues were framed:-