REETU BHADHA Vs. HIRA KUNWAR

JUDGEMENT

(1.) This is plaintiffs second appeal under Section 100 of CPC against the judgment and decree dated 02.12.1996 passed by the additional District Judge, Sakti in Civil Appeal No. 10-A/1996 reversing the judgment and decree dated 17.05.1996 passed by the Civil Judge Class-2 in Civil Suit No. 32A of 1993. The appeal was admitted for hearing on the following substantial questions of law:

(2.) Facts, in brief, are as follows:

(3.) Placing reliance upon the judgment of Supreme Court in the case of Lachman Singh v. Kirpa Singh and others, 1987 2 SCC 547, Shri Parag kotecha, learned Senior Counsel appearing for the appellant, would submit: the words "sons and daughters... and the husband" appeared in clause (a) of sub-section (1) of Section 15 of the Hindu Succession Act, 1956 (henceforth 'Act of 1956) only mean "sons and daughters... and the husband" of the deceased and not of anybody else. The respondent No. 1 - Hira Kunwar, being the daughter of Budhawara Bai from her previous husband, is not entitled to inherit the suit property, within the meaning of Section 15(1)(e) of the Act of 1956 and in the absence of "son or daughter" of the deceased Budhwara Bai from Matharu, the property will devolve upon the appellant, being heir of her husband late Matharu, inasmuch as, the property belonged to deceased Budhwara Bai's husband late Matharu.