SHEELA DEVI Vs. LAL CHAND

JUDGEMENT

(1.) Leave granted.

(2.) Interpretation of some of the provisions of The Hindu Succession Act, 1956 (for short "the Act") and, in particular, Sections 6 and 8 thereof arises for consideration in this appeal which arises out of a judgment and order dated 10Th October. 2005 passed by the High Court of Punjab and Haryana in RSA No 1627 of 1994 dismissing an appeal from a judgment and order dated 23 May, 1994 passed by the Additional District Judge, Patiala affirming a judgment and decree dated 17th May. 1990 passed by the Subordinate Judge 1st Class Samana decreeing the suit filed by the plaintiffs-respondents herein

(3.) The relationship between the parties is not in dispute. Tulsi Ram was the owner of the property. He died in the year 1889 leaving behind five sons, viz., Waliati, Babu Ram, Charanji Lal, Hukam Chand and Uggar Sain. The aforementioned five sons of Tulsi Ram were members of a Mitakshara Coparcenary. We are concerned with the estate of one of the sons of Tulsi Ram, viz., Babu Ram, whose children are parties before us. It is not in dispute that Uggar Sain died issueless in 1931. The names of all the brothers were mutated in the year 1927 in respect of the properties left by Tulsi Ram. Babu Ram died in the year 1989 leaving behind two sons, viz., Lal Chand and Sohan Lal (plaintiffs-respondents) and three daughters (appellants herein). Lal Chand was born in 1938 whereas Sohan Lal was born in 1956.