1 S.B. CIVIL WRIT PETITION NO.7999/2009 Smt. Naseem & Ors. Vs. Ram Narain Bansal & Anr. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 21.8.2009. S.B. CIVIL WRIT PETITION NO.7999/2009 Smt. Naseem & Ors. Vs. Ram Narain Bansal & Anr. HON'BLE MR. JUSTICE DALIP SINGH Shri Arun Sharma, for the petitioner. Heard learned counsel for the petitioners. Perused the impugned order dated 26.5.2009. The dispute is on account of the landlord deceased having allegedly executed a Will dated 3.3.2005 in favour of the respondent Ram Narain Bansal. Admittedly the suit is one for eviction filed by the landlord who died during the pendency of the suit and an application for substitution came to be filed by Ram Narain Bansal who set up a Will dated 3.3.2005 in his favour said to have been executed by the deceased plaintiff. The learned trial court allowed the application for substitution based upon the aforesaid Will and substituted Ram Narain Bansal as legal representative of the deceased landlord. The learned counsel for the petitioner has challenged the validity of 2 S.B. CIVIL WRIT PETITION NO.7999/2009 Smt. Naseem & Ors. Vs. Ram Narain Bansal & Anr. the Will on several counts before this court. The question of the validity of the Will is not required to be decided in the in the present suit for eviction filed by the landlord and the petitioner is free to challenge its validity in a appropriate court if any of the rights of the petitioner are affected as he is admittedly not a person entitled to succeed intestate to the estate of the deceased. In the facts and circumstances therefore this writ petition is devoid of any force. This writ petition is dismissed summarily. The stay application also stands dismissed. (DALIP SINGH),J. Ram Chandr Khatri PS