USHA RANI Vs. KANTA

JUDGEMENT

(1.) The present CM(M) petition no.144/2020 has been filed by the petitioners under Article 227 of the Constitution of India to set aside the impugned order dtd. 23/12/2019 passed by learned Additional District Judge-02 and Waqf Tribunal, Patiala House Courts, New Delhi (hereinafter referred to as 'Trial Court') in C.S No. 58511/2016, titled as 'Smt.Usha Rani vs. Smt. Shakuntala Devi and Ors.' wherein the learned Trial Court has dismissed the applications filed by the legal heirs of Late Smt. Usha Rani/original plaintiff under Order XXII Rule 3 of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') and Sec. 5 of the Limitation Act, 1963. Moreso, the learned Trial Court held that the present suit has already been abated for not filing the application under Order XXII Rule 3 CPC within statutory period of limitation.

(2.) The brief facts necessary for disposal of the present petition are that Late Shri Kailash Narain also known as Kailash Chand was the absolute owner of the two properties i.e. property no. 642, bearing khasra no. 522/1 near Bhaiya Chowk, Mahipalpur, New Delhi and property no. 847, plot no.2, bearing khasra no. 537, Mahipalpur, New Delhi.

(3.) It is the case of the original plaintiff that her father, Late Shri Kailash Narain died intestate on 21/6/1992. Therefore, as per the Hindu Succession Act, 1956 all his legal heirs i.e. Late Smt. Shakuntala Devi (wife), Late Shri Ashwini Kumar (son), Late Smt. Usha Rani (daughter) and Smt. Kanta (daughter) are entitled to 1/4th share each in the above-mentioned properties.