Civil Revision No.1510 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.1510 of 2010 Date of decision : 18.3.2010 Kesho Ram ....Petitioner Versus Manish Aggarwal & another ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. K.S.Jetley, Advocate for the petitioner. S. D. ANAND, J. Petitioner Jai Parkash died during the pendency of petition before the learned Trial Court. Manish Aggarwal and Vishal Aggarwal claiming to be adopted son and nephew respectively of the deceased filed a plea being brought on record as legal representatives on the basis of registered will dated 2.7.2003 which had been executed by the deceased petitioner in their favour. The plea was resisted on behalf of the respondent. The averment made was that the applicants therein could not be brought on record as legal representatives of deceased without their having obtained letter of probate/letter of administration on the basis thereof. The learned Trial Court allowed the plea directed Manish Aggarwal and Vishal Aggarwal to be brought on record as legal representatives of deceased-Jai Parkash. The order was challenged by the petitioner herein by filing Civil Revision No.529 of 2009 which was disposed of by a Coordinate Bench (Surya Kant, J.) of this Court, vide order dated 7.10.2009. It was held by the Bench that the impugned order could not be faulted but that the Civil Revision No.1510 of 2010 -2- petitioner therein and also the petitioner herein would be entitled to raise the noticed questions of fact before the learned Rent Controller and that an issue would be framed and a finding recorded thereupon. It was thereafter that the learned Rent Controller framed the following issues:- “Whether Vishal Aggarwal and Manish Aggarwal are not the legal representatives of the deceased Jai Parkash?OPR The grievance of the petitioner herein is that onus of the issue had been incorrectly placed. The plea urged is that the onus of proof ought to have been placed upon those who had raised it. The petitioner herein cannot wish away that the challenge to the bringing on record Manish Aggarwal and Vishal Aggarwal as legal representatives of deceased-Jai Parkash had been negatived by a Coordinate Bench of this Court vide order dated 7.10.2009. At the same time, the petitioner had been allowed to raise the noticed controversy about facts before the learned Rent Controller. The two legal representatives have raised the plea on the basis of a registered will. I do not find anything inappropriate in placing of onus of the relevant issue upon the petitioner herein. The petitioner is held to be denuded of merit and is ordered to be dismissed. March 18, 2010 (S. D. ANAND) Pka JUDGE