(1.) Appellants have filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 27.12.2012, passed by District Judge, Bilaspur, in Civil Appeal No.5 of 2007, titled as Durga Singh through his LRs and others versus Kamla Devi and others, whereby judgment and decree dated 8.12.2006, passed by the Civil Judge (Senior Division), Ghumarwin, District Bilaspur, Himachal Pradesh, in Civil Suit No.109/1 of 2006/90, titled as Durga Singh and others versus Kamla Devi and others, stands affirmed.
(2.) Predecessor-in-interest of the parties, Thohla Singh, during his life time, partitioned and transferred ownership of immovable properties owned by him amongst his children. However, he retained part of it, for his personal use and benefit. After his death, allegedly on the basis of Will, one of his sons, namely Rattan Singh claimed ownership. Aggrieved, remaining legal heirs of Thohla Singh and their successor(s) filed a suit for permanent injunction, restraining Rattan Singh from changing the nature of the suit land, being joint estate of Thohla Singh.
(3.) Appellants-plaintiffs, who have been non-suited by both the Courts below, have filed the instant appeal challenging the findings rendered by the Courts below on the ground that (a) Will dated 15.8.1980 executed by Thohla Singh is shrouded with suspicious circumstances.
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