D. RAJU, C.J.—The above two appeals may be dealt with together since they arise out of one and the same suit, civil suit No. 87 of 1985 on the file of Senior Sub-Judge, Kullu and the two appeals filed both by the plaintiffs who lost in part and by the defendant who also succeeded only to portion of the claim also came to be disposed of by a common judgment. The plaintiffs are the appellants in R.S.A. No. 417 of 1992 and the defendant is the appellant in R.S. A. No. 420 of 1992. The plaintiffs filed the suit for declaration that they are the owners in possession of the suit properties and in the alternative they have sought for possession of 1/6th share of the disputed land described in the plaint.

2. The case of the plaintiffs is that one Sobhu, father of the plaintiffs and the defendant owned the properties in question, that he executed a Will on 15.4.1973 and as a matter of fact, died on 3.8.1973. Under the Will, the property has been given to the sons excluding the defendant, the daughter of late Sobhu. One of the sons, by name, Ruldu also was said to have died on 8.6.1977 and thereafter, the widow of Ruldu of name Smt. Suari inherited his estate and she was also said to