M. RADHESHYAMLAL Vs. V SANDHYA

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise out of three separate suits. For convenience, we are referring to the parties with reference to their status in Original Suit No. 12091 of 2010 (Civil Suit no. 331 of 1996). The appellant is the plaintiff in the said suit. The respondents in Special Leave Petition (C) No. 19060 of 2014 are the defendants in the said suit.

(3.) It is not in dispute that one Sungani Bai (Sukri Bai) was the original owner of the suit property who died in the year 1947. Sungani Bai (the original owner) executed a registered settlement deed dtd. 1/12/1945. She settled the suit property by the said settlement deed in favour of three persons: Gopu Bai, Abbey Karan Joshi and Vijay Kishan Bohra. It is not in dispute that the original owner died intestate without leaving any legal representatives. As per the settlement deed, it was provided that 1/3rd share in the suit property was given to Gobu Bai for her life and then to her two daughters for their lifetime. It was provided that after their demise, 1/3rd of the share would pass on to their male children. The daughters of Gobu Bai died, leaving behind them Radhe Shyam, Rajendra Purohit and Omprakash Purohit. As per the settlement deed, 1/3rd share was given to Abbey Karan Joshi during his lifetime and after his demise to his male children. The 2nd defendant - Sailesh Joshi, is his only son. The remaining 1/3rd share was settled on Vijay Kishan Bohra during his lifetime. It was provided that it would go to his male children after his lifetime. The said Vijay Kishan Bohra died, leaving behind his son Chandrasekar Bohra. Vasantha Kumar (original 3rd defendant) and his wife V. Sandhya (4th defendant) purchased the suit property by a registered sale deed dtd. 29/1/2001 from the 2nd defendant - Sailesh Joshi, and the successors of two other sharers who were entitled to 1/3rd share each under the said deed of settlement. The 3rd defendant died during the pendency of the proceedings, and the 5th defendant is the son of the 3rd and 4th defendants.