SHASHI BALA Vs. HARI RAM

JUDGEMENT

(1.) THIS revision petition is directed by the defendants against order dated 9.5.2000 passed by the Additional District Judge, Jagadhri, whereby their application for condoning the delay in filing the appeal was dismissed as time barred.

(2.) BRIEFLY stated, the facts are that Smt. Bachni Devi, respondent through her general power of attorney. Hari Ram, filed a suit for separate possession by partition of House No.60, Shastri Colony, Yamunanagar, against the petitioners Smt. Shashi Bala etc. on 28.5.1990 on the allegation, that once it was held by Late Amar Nath, Smt. Bachni Devi widow of Sh. Sir! Kishan and the petitioners (defendants) as Joint Hindu Family Property.

(3.) THE petitioners contested the suit. They denied the allegations of the respondent and stated that the respondent was neither owner nor in possession of the house in dispute and as such had no locus standi to file suit for separate possession by partition. They further stated that during his life time, Amar Nath had executed valid will in favour of his wife, Shashi Bala on 14.10.1979 as it was self acquired property of Amar Nath and by virtue of that will, Shashi Bala, had become owner in exclusive possession of the house in dispute after the death of Amar Nath. They further denied that it was joint Hindu Family property of Amar Nath and the respondent or they constituted joint Hindu family property. Consequently, the following issues were framed: -