DURGI DEVI Vs. KRISHAN CHAND

JUDGEMENT

(1.) APPELLANTS /plaintiffs have filed these regular second appeals under Section 100 of the Code of Civil Procedure. Since both these appeals arise of common judgment, with same set of evidence, as such, are being disposed of together. Concurrent findings of fact have been challenged by the plaintiffs.

(2.) PLAINTIFFS Durgi Devi, Kamal Kumar and Meena Kumari, as legal heirs of Jagat Ram, filed a suit for declaration and possession of the suit land against defendants Krishan Chand and Tilak Raj. Suit land is situate in Tehsil Sadar, Distt. Mandi, H.P. Plaintiff No. 1 claimed that her husband Jagat Ram @ Kishan, father of plaintiffs No. 2 and 3, was born through Smt. Rameshwaru Devi and as such, in law, was entitled to succeed her estate. It is not in dispute that Jagat Ram expired on 20.6.1992 and on the basis of Will (Ext. DA), alleged executed by Smt. Ramashwaru Devi in favour of the defendants, land stands mutated in their names. According to the plaintiffs, Smt. Ramashwaru Devi was physically invalid and could not have executed the Will (Ext. DA).

(3.) WHETHER the plaintiffs have no locus standi to file the present suit? OPD