RAKESH BABU Vs. RAJAN BABU SOOD

JUDGEMENT

(1.) By way of instant petition, petitioners have assailed order dtd. 9/5/2022, passed by learned Senior Civil Judge, Court No. 1, Amb, District Una, H.P. in CMA No. 183-VI-2022, filed in Civil Suit No. 72-1 of 2015, whereby, the prayer made by the petitioners was partially rejected.

(2.) Brief facts necessary for adjudication of the petition are that Civil Suit No. 72-1 of 2015 filed by the petitioners against respondent is pending adjudication before the learned Senior Civil Judge, Court No. 1, Amb, District Una, H.P. The suit was initially filed by Mr. Rakesh Babu, Predecessor-in-interest of petitioners, who died during its pendency. The original plaintiff Sh. Rakesh Babu and respondent herein/defendant were sons of late Sh. Ram Roop. The subject matter of the suit is the estate left behind by Sh. Ram Roop. Whereas, Sh. Rakesh Babu claimed to have inherited the estate of Sh. Ram Roop alongwith defendant in equal shares and on such premise sought declaration as to joint ownership and possession with defendant over the properties left behind by Sh. Ram Roop, defendant has propounded a Will of Sh. Ram Roop in his favour and has claimed inheritance to the properties left behind by Sh. Ram Roop in accordance with Will. Plaintiffs have also assailed the Will propounded by defendant to be the result of fraud, mis-representation and undue influence.

(3.) Defendant has also filed a counter claim against the plaintiffs seeking declaration that the land comprised in Khasra No.1715 measuring 0/28/99 hects, situated in Village Amb Khas, Tehsil Amb, District Una, H.P. has fallen to the share of defendant/counter claimant under the Will dtd. 8/9/2010 executed by late Sh. Ram Roop and the revenue entries depicting the ownership and possession of plaintiffs over the said land are wrong, illegal and void. In addition, a money decree of Rs.16,72,301.00 has also been prayed for by the counter claimant.