SHAKUNTALA DEVI Vs. KASHMIR CHAND

JUDGEMENT

(1.) One Hazari Lal, since deceased, instituted the suit (out of which the present revision has arisen) for possession of the property in dispute and for recovery of Rs. 440/- on account of mesne profits for the period between 5th October, 1951, and 5th May, 1956, at the rate of Rs. 8/-p.m. The suit was based on the allegations that the property in question fell to the plaintiffs share on partition between him and his brothers Nathu Mal, Chuttan Lal and Banwari Lal by means of a final decree in suit No. 196 of 1948 passed by Shri Kripa Ram, Subordinate Judge 1st Class, Delhi and that the share of the plaintiff's brother Banwari Lal was sold on 5th October, 1951, by Court auction to Kashmir Chand Jaiswal, defendant No. 1. It is further averred that defendant No. 1, while taking possession of Banwari Lal's share, forcibly took possession of the suit property as well and failed to surrender possession of this property in spite of plaintiff's protests.

(2.) Before the defendants could file their written statements, Hazari Lal died on 6th June, 1950. It may here be stated that the plaint had been presented some time in May, 19,56. On Hazari Lal's death, Shrimati Jasodha, claiming to be a legal representative of the deceased, applied on 6th July, 1956, for being substituted in place of the plaintiff and for restoring the suit. Her application was dismissed on 7th June, 1957, on the finding that she was not a legal representative of the deceased.

(3.) While as yet Shrimati Jasodha's application was pending, Shrimati Shakuntala Devi, the present petitioner before me, filed an application in March, 1957, under Order XXII Rules 3 and 9 and under Section 151 of the Code of Civil Procedure for being substituted as legal representative of the deceased Hazari Lal on the ground that she was the daughter and the only heir and legal representative of the deceased and that she learnt of the suit about five months after Hazari Lal's death and that she became aware of her being the only heir of the deceased just a day or so before her filing the application.