RAM SARUP Vs. RAJ DULARI

JUDGEMENT

(1.) SUBE Singh son of Mange Ram was owner in possession of 1/3rd share of land measuring 320k 15m in Khewat No. 283/261 situated in the revenue estate of Village Thana Kalan, District Sonepat and he was owner in possession of another 1/3rd share of land measuring 29k 14m situated in the revenue estate of Village Thane Kalan in Khewat No. 300/287 as detailed in para No. 4 of the plaint. He died on 15.10.1988 leaving behind wife Smt. Zehro and daughters Raj Dulari, Raj Bala, Kamlesh and Sudesh. After the death of Sube Singh, Ram Sarup and Parkash gave batai to Smt. Raj Dulari etc. daughters of Sube Singh whenever they came to village Thana Kalan to their mother. About six months ago, they refused to give them batai for rabi, 1993 and declared that they had nothing to do with this property and they had become owners of this property. On inquiry, they came to know that the share of the property of Sube Singh had been got mutated to the extent of 1/5th share in the name of Smt. Zehro and to the extent of 2/5 + 2/5 in the name of Ram Sarup and Parkash each. Ram Sarup and Parkash are the brothers of Sube Singh. Amar Pal is the son of Parkash. Vatan Lal, Rohtash and Mukesh are the sons of Ram Sarup. Smt. Raj Dulari etc. daughters of Sube Singh filed suit against Ram Sarup and Parkash etc. defendants for joint possession of land measuring 350k 9m to the extent of 4/15 share of land in equal shares. In nut-shell, their suit was that after the death of Sube Singh, the property should have devolved upon them and their mother Smt. Zehro in equal shares. Any devolution of the property differently was of no effect on their rights.

(2.) RAM Sarup etc. defendants (except Smt. Zehro defendant) contested the suit of the plaintiffs urging that they are not entitled to inherit the property left by Sube Singh as Sube Singh had bequeathed his property both movable and immovable in favour of his wife Smt. Zehro, Ram Sarup and Parkash his real brothers through Will dated 5.1.1988. As per Will, 1/5th share of Sube Singh was to devolve upon Smt. Zehro and the remaining 4/5 share of Sube Singh was to devolve upon his brothers Ram Sarup and Parkash after his death. It was a valid and genuine Will. Sube Singh died on 15.10.1988. Inheritance of Sube Singh devolved on his wife Smt. Zehro, Ram Sarup and Parkash as per terms of the Will. Sube Singh bequeathed in favour of his brothers, Ram Sarup and Parkash as he was being looked after and served by them and he himself was sonless and he had great love and affection for them (Ram Sarup and Parkash). There was no question of giving batai to Smt. Ram Dulari etc. daughters of Sube Singh as the land in suit did not devolve upon them. It devolved on Ram Sarup, Parkash and Smt. Zehro after the death of Sube Singh. In nut-shell, Ram Sarup etc. defendants sought to exclude Smt. Raj Dulari etc. plaintiffs from inheriting Sube Singh on account of Will dated 5.1.1988, which they set up as having been executed by Sube Singh.

(3.) SMT . Raj Dulari etc. went in appeal against this judgment and decree of Additional Civil Judge, Senior Division, Sonepat dated 14.12.1996 dismissing their suit.