RATAN PERKASH Vs. BELA SIHARE

JUDGEMENT

(1.) In this Revision Petition, a short question which needs consideration is whether a "son" includes a "step-son" within the meaning of Section 15 of Hindu Succession Act.

(2.) First, the facts Father of the plaintiff/petitioner Lachhman Prasad married twice during his lifetime. The petitioner and his brother Mahender Prakash were born out of marriage of Lacbhman Prakash with Kala Wati. After the death of Kala Wati, Shri Lachhman Prasad married Hasmukh Wati. Out of the wedluck of Lachhman Prasad and Hasmukh Wati the second wife, one daughter namely Bela, the respondent was born. Shri Lachhman Prasad died on 1.11.51 leaving behind Hasmukh Wati as his widow, the petitioner. Rattan Prakash and his brother Mahender Prakash and his step-sister Bela. After the death of Lachhman Prasad, the property left by him was partitioned amongst Hasmukh Wati, Rattan Prakash and Mahender Prakash and each was given one-third share by virtue of an award given by Shri Bhagwan Dass, Advocate. In the award, provision for maintenance and education etc, of the respondent Bela, minor daughter of the deceased Lachhman Prasad was also made by allotting 900 shares of DCM to her. Hasmukh Wati was awarded life interest in her one-third share under the award made in 1952, prior to coming into force of the Hindu Succession Act. Hasmukh Wati was filed a suit for partition and challenged the said award and in RFA 69-D of 1964, a D B. of this court vide order dated 14th May, 19 74 declared Hasmukh Wati as sole and absolute owner of the share awarded to her, under the said award.

(3.) A suit for partition was filed by Hasmukh Wati in respect of premises in dispute and the suit was still pending and during the pendency 336 of the suit Hasmuk Wati died. On her death, Smt. Bela Sihare, daughter of the deceased Hasmukh Wati filed an application under order 22, Rule 3 Civil Procedure Code claiming that the right to suit survived in her favour after the death of Hasmukh Wati. The claim of the petitioner was that he became the owner of the property as she had died intestate and as such he became entitled to his share out of the property of his deceased step-mother for the property was inherited from the father of the petitioner. According to the petitioner, he performed even last rites of the deceased Hasmukh Wati just like a son. As such, the petitioner, his brother Mahender Prakash as well as Smt. Bela Sihare, step-sister of the petitioner became owners to the extent of one-third share. Learned ADJ relied upon two judgments and substituted the respondent in place of Hasmukh Wati.