BARUMAL SINGH Vs. 3RD ADDL DIST JUDGE SAHARANPUR

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution of India.

(2.) The facts giving rise to the present petition are as under : An application under S.192 of the Indian Succession Act was moved by Smt. Vidha in the Court of the District Judge, Saharanpur, against the petitioner Baru Mal Singh. The application was made on the ground that she was the widow of Padam Prasad, who died on 7th November, 1978. Her case was that on the death of the deceased Padam Prasad, she being his widow, inherited the property and, consequently, she had a right to move the application. The application was made in respect of the assets of the deceased Padam Prasad. In the application, the main relief sought was in regard to the determination of the right and possession over a shop, situate in Bazar Nakhasa, Saharanpur.

(3.) This application was contested by the petitioner and it was alleged that Smt. Vidha was not the widow of the deceased Padam Prasad. It was further alleged that, in fact, the petitioner Baru Mal was the real brother of Padam Prasad and that he was in possession of the shop by virtue of the fact that a joint Hindu family firm was carrying on the business in the said shop, as Padam Prasad was a member of the joint Hindu Family.