TARA MANI Vs. NARINDER KUMAR

JUDGEMENT

(1.) There was one Raisahib Balla Ram. He had two sons, namely, Lahori Mal and Basant Lal. Lahori Mal had two daughters, namely, Miss Ram Piari and Smt. Tara Mani. Narinder Kumar plaintiff is the son of Shri Basant Lal. On 28-4-1943, Civil Suit No. 199 of 1943 was filed by Miss Ram Piari now (since dead) and Smt. Tara Mani now (since dead), daughters of Lahori Mal against Shri Basant Lal, father of Shri Narinder Kumar plaintiff now (since dead) and Rajinder Lal, minor son of Shri Basant Lal, for declaration to the effect that Miss Ram Piari was in possession as owner of the property in suit including residential house, situated in Maliganj, Ludhiana bearing No. B-IV-691 as legal heir of her father late Lahori Mal and that Tara Mani plaintiff No. 2 is in joint possession with plaintiff No. 2 with her permission and consent and that defendants have no right in the presence of plaintiffs and the male issue of plaintiff No. 2 and for permanent injunction, restraining the defendants from interfering with their possession. The said suit was decided on 9-11-1943 by Suri Maharaj Kishore, Senior Sub Judge, Ludhiana, in accordance with for compromise arrived at between the parties thereto. Parties to that suit made statements to the effect that the house in dispute was given to Miss Ram Piari and Smt. Tara Mani (defendant No. 1) for their residence and Shri Basant Lal will have no right to interfere in any way with their right of residence till the life time of Miss Ram Piari, after whose death, the house would revert to Shri Basant Lal. Parties to the suit signed the statements made by them before the Court. Decree was accordingly passed incorporating therein the details of the compromise arrived at between the parties to that suit (Civil Suit No. 199 of 1943 decided by Senior Sub Judge, Ludhiana on 4-11-1943). Basant Lal died on 7-11-1974. During his life time, he had executed a Will on 25-6-1971 which was duly registered in the office of Sub Registrar, Ludhiana, while in sound disposing mind. As per that Will, the house in dispute was to devolve upon Narinder Kumar son of Basant Lal plaintiff. Miss Ram Piari died on 2-1-1976. Similarly, in accordance with decree dated 9-11-1913 based on compromise and the Will left by Shri Basant Lal. Narinder Kumar became owner and is entitled to possession of the house in dispute. Miss Ram Piari was given only the right of residence. She had no right to transfer the house to anybody in any manner, She and her sister Smt. Tara Mani could enjoy the right of residence only till the life time of Miss Ram Piari. None of them had any right to accommodate any other person or to part with possession of the house in any way. But wrongly and illegally, Miss Ram Piari during her life time allowed to accommodate Surinder Kumar, Om Parkash and Smt. Parvati Devi (defendants Nos. 2 to 4) in different portions of the house in dispute shown in red, yellow and blue colour respectively, while the portion shown in green is in possession of Smt. Tara Mani (defendant No. 1 herself). Possession of the said portion is wrongful and unjustified qua plaintiff Narinder Kumar. They are accordingly trespassers and are bound to deliver vacant possession of the house in dispute to the plaintiff. On these allegations, Narinder Kumar son of Basant Lal filed suit for possession of H. No. IV-691 situated in Maliganj, Ludhiana shown in red, yellow, blue, green and white colour in the plan attached to the plaint against Smt. Tara Mani (defendant No. 1), Surinder Kumar son of unknown, Om Parkash son of unknown and Smt. Parvati Devi wife of unknown.

(2.) Smt. Tara Mani defendant No. 1 contested the suit of the plaintiff urging that she and Miss Ram Piari were the owners of the house in dispute and they filed suit in the Civil Court which was compromised. (Reference is to suit No. 1999 of 1993 decided by Senior Sub Judge, Ludhiana on 9-11-1943). On the death of Lahori Mal, she and her sister Miss Ram Piari inherited their father Shri Lahori Mal's property including the house in dispute as heirs and under his will. Having thus acquired the right, title and interest in the property in dispute, any subsequent decree as alleged restricting their right to the right of residence and that too till the life time of Ram Piari would be absolutely ineffective and irrelevant. Even if there was any restriction on the ownership of defendant No. 1 and her sister in the property in dispute prior to the coming into force of the Hindu Succession Act, 1956 the said restriction stood removed when the said Act came into force and Miss Ram Piari became full and absolute owner of the suit property under S. 14(1) of the said Act. After the death of Ram Piari, this house devolved upon her sister Tara Mani. It was urged that the alleged judgment and decree dated 9-11-1983 were not the source of right, title and interest which she and her sister Miss Ram Piari, had acquired on the death of their father as heirs and under his Will. Even if it be assumed that the right, title and interest of Miss Ram Piari were superior to these of Smt. Tara Mani, Smt. Tara Mani became full owner of the property on the death of Miss Ram Piari as her heir. She and Miss Ram Piari being the full-fledged owner of the property being the heirs of their father Lahori Mal, they under the provisions of the Hindu Succession Act, could deal with the property in dispute in any manner they liked as full and absolute owners.

(3.) Defendants Nos. 2 to 4 also contested the suit of the plaintiff by urging that the plaintiff is not the owner of the property in dispute. Miss Ram Piari and Smt. Tara Mani were the absolute owners of the property. If there were any restriction on their rights, so far as the property in dispute is concerned, that restriction stood obliterated because of the coming into force of the Hindu Succession Act. (It may be mentioned here that the Hindu Succession Act came into force w.e.f. 17-6-1956).