MAJ. (RETD.) NIDHI SINGH Vs. ANIMESH SINGH

JUDGEMENT

(1.) Appellant - plaintiff, a retired Army Personnel, has taken exception to the order 13/9/2021 passed by learned Civil Judge (Senior Division), Haldwani, District Nainital, in Original Suit No. 08 of 2021, thereby dismissing her application for interim injunction under Order XXXIX Rule 1 and 2 read with Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code" for brevity). Appellant-plaintiff, respondents - defendant nos. 1 and 3 are brother and sisters and they are the only surviving legal heirs of late Shri Hukum Singh. Shri Hukum Singh purchased a property from its previous owner Shri Ram Nath Satthi bearing Khata No. 00693, plot no. 691 GMe measuring 0.1080 hectares, plot no. 692 A measuring 0.3490 hectares, plot no. 693 G measuring 0.1580 hectares, total 0.6150 hectares on execution of a registered deed of sale dtd. 11/1/1984. He was delivered possession thereof in the year 2009. Father of the appellant - plaintiff gifted a piece of land to the plaintiff - appellant measuring 3850 sq. ft. through a registered gift deed with respect to plot no. 0.691 GMe. It was a self-acquired property of father of the appellant - plaintiff. On 5/1/2017, father of the appellant - plaintiff, Shri Hukum Singh died intestate leaving behind plaintiff - appellant and defendant- respondent nos. 1 and 3. However, the case of the appellant - plaintiff is that after the death of her father, defendant - respondent no. 1 by manipulating the records mutated his name exclusively with revenue records on 12/9/2017. Thereafter, he transferred the land in favour of his wife through gift deeds dtd. 3/11/2018 and 29/12/2018. When the aforesaid fact came to the knowledge of the plaintiff - appellant, she filed complaints before District Magistrate, Commissioner, Kumaon Mandal, Nainital and also before other appropriate forums.

(2.) In addition to the filing of suit for the aforesaid reliefs, the plaintiff - appellant had also filed an application for temporary injunction. It is stated, at the bar, that in the first instance while issuing notice, learned Civil Judge (Senior Division), Haldwani had granted an order directing the parties to maintain status quo but later on, on the final hearing of the application, he has dismissed the application for temporary injunction. The defendants - respondents no. 1 and 2 have filed their written statement, inter alia, contending that the appellant - plaintiff is not entitled to have any share in the property of her father late Shri Hukum Singh, as succession of the property shall be guided by the provisions of Sec. 171 of the UZALR Act and as per such provisions, it is stated by learned counsel for the defendants - respondents no. 1 and 2 that inheritance of the property by a married daughter of the Hindu male, who died intestate, leaving behind a son is not permissible.

(3.) It is also the case of the defendants - respondents no. 1 and 2 that late Shri Hukum Singh has already gifted a portion of the property purchased by him in favour of the plaintiff - appellant, therefore, she is not entitled for any other property by way of inheritance, which is situated in Haldwani.