IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA RSA No. 108 of 1996 Date of Decision: 6th January, 2011 __________________________________________________________ Rirku @ Piare Lal (died) through LRs. ….Appellants. Versus Yub Raj (died) through LRs. ….Respondents. ___________________________________________________________ Coram The Hon’ble Mr. Justice Dev Darshan Sud, J. Whether approved for reporting?1 No. ___________________________________________________________ For the Appellants: Mr. S.S. Mittal, Sr. Advocate with Mr. Dev Raj Dev, Advocate. For the Respondents: Mrs. Kamlesh Shandil, Adovcate. __________________________________________________________________ Dev Darshan Sud, J (oral). This appeal has been preferred by the appellants, who were the defendants before the trial Court, against the concurrent findings of the two Courts below challenging the decree passed in favour of the plaintiffs- respondents. 2. Four substantial questions of law were urged for consideration. I have gone through the judgments of the two 1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes. 2 Courts below, but I do not find that any of these questions arise for determination as they are all questions of fact. 3. One other submission is made by the learned counsel appearing for the appellant that during the pendency of the appeal, Mr. Yub Raj the sole plaintiff-respondent died. He submits that so far as the inheritance of his estate is concerned, it cannot be determined in these proceedings. Some Will has been filed by the respondent stating therein that his estate has been inherited by two sons. 4. It is trite that so far as the validity of the Will is concerned, its due execution will be the subject matter of separate proceedings and application bearing CMP No. 1007 of 2010 in this appeal will not determine inheritance to the estate of late Shri Yub Raj. As and when such question of inheritance arises, it will be open to the parties to institute separate proceedings in accordance with law. No order as to costs. January 06, 2011 (Dev Darshan Sud), ms Judge 3