JUDGMENT :

Vivek Singh Thakur, J.

After hearing the counsel for parties and going through the record, undisputed facts emerging from pleadings of plaintiffs are that subject matter of the main suit is property situated in Zen Tea Estate, Gopalpur, Tehsil Palampur, District Kangra H.P. described in plaint, which was owned and possessed by late Shri Faiz Murtaza Ali, who has expired on 20.6.2013, plaintiffs being mother, wife and daughter, are asserting their rights on the said property as only legal heirs of late Faiz Murtaza Ali, whereas defendant is asserting her right on the property claiming herself also second wife of late Faiz Murtaza Ali having been given the property in dispute to her as deferred Mehar/Dower payable immediately after the death of Faiz Murtaza Ali and also devolved upon her by virtue of Will dated 14.4.2013 allegedly executed by Faiz Murtaza Ali during his life time.

2. As stated in plaint, Will dated 14.4.2013 came into the knowledge of plaintiffs on 25.7.2013, after 35 days of death of Faiz Murtaza Ali and on 2nd August, 2013 defendant had entered into Bahar Villa (part of disputed property) in absence of plaintiffs, leading them to file an on- line complaint