NARINDER Vs. JAI LAL

JUDGEMENT

(1.) C.M.Nos.7127/2008 (for exemption) & 14450/2010 (for exemption) in RSA No.108/2008 Allowed subject to just exceptions. RSA No.75/2008 & CM No.4555/2008 (for stay) RSA No.84/2008 & CM No.5138/2008(for stay) RSA No. 90/2008 & CM No.5454/2008 (for stay) RSA No.108/2008 & CM Nos.7125/2008 (for stay) RSA No.130/2010 & CM No.11766/2010 (for stay) RSA No. 131/2010 & CM No.11769/2010(for stay) RSA No.142/2010 These are seven second appeals preferred by four appellants. They are (1) Ram Niwas, (2) Shri Kishan Chand Sharma, (3) Narender Kumar and (4) Subhash Bhardwaj. The dispute in all these cases relate to the right of inheritance of the four paisa share of Smt. Anar Devi in the deity, offerings/puja sewa made at the Kalkaji Temple; as also whether Smt.Anar Devi was competent to transfer this right when she herself being a lady could not have inherited the same.

(2.) Briefly stated the factual matrix of the case is as follows:

(3.) The present suit had been filed in the year 1974. The Trial Judge had disposed of the suit vide judgment and decree dated 16.8.1985. Five issues were framed initially, which read as follows: 1.Whether Anar Devi executed a will dated 18.2.72 in favour of the plaintiff, if so, was she competent to bequeath the property in suit? 2.Whether defendant no.1,2,5 and 6 are the Lrs of Smt. Anar Devi? 3.Whether the suit is barred by the principle of resjudicata in view of Sh.S.N.Kpoor, Sub Judge, Ist Class, Delhi? 4.Whether the suit is not maintainable as alleged by defendants in para No.1 of the W.S.? 5.Relief.