JUDGMENT

Dr. AR. Lakshmanan, J.-The above appeal was filed by the defendants against the order dated 7.1.1997 passed by the High Court of Himachal Pradesh at Shimla in R.S.A. No. 66 of 1987.

2. The brief facts leading to the filing of the present appeal are :-

One Krishan Dutt, who is the father of the respondents herein, (LRs of plaintiff) filed a suit for declaration in the Court of Senior Sub-Judge Mahasu at Shimla and prayed for a decree of declaration thereby declaring the respondent to be in joint possession of the property having 1/3rd share and for partition of his share in respect of shops, vacant plots and for a decree for rendition of accounts. The respondents alleged in the plaint that the appellants/defendants are joint owners of the property detailed in the plaint that the respondents have got 1/3rd share in the properties and are accordingly entitled to 1/3rd share by partition, the parties being in joint possession of the properties.

3. The appellants filed their written statement and apart from taking legal objections have contended that there is no cause of action nor locus standi of the respondents to file the suit that Kanshi Ram (first husband of Gangi) died about