SUNITA & OTHERS Vs. OM KAR & OTHERS

JUDGEMENT

(1.) This is second appeal by legal representatives of Naresh Kumar, original plaintiff since deceased, having lost in both the courts below. Plaintiff-Naresh Kumar claimed himself to be posthumous son of Kishan Singh @ Kishan Lal who died on 24/25.11.1974. Kamla-defendant No.6 was wife of Kishan Singh. After death of Kishan Singh, Kamala performed kareva marriage with his brother Rajbir-defendant No.4. Since plaintiff's father Kishan Singh had expired during the lifetime of plaintiff's grand father Bala Ram, the plaintiff claimed 1/6 th share in the estate of Bala Ram being son of Kishan Singh predeceased son of Bala Ram.

(2.) Defendants No.1 to 3 and 5 contested the suit and pleaded that soon after death of Kishan Singh, Kamla solemnized kareva marriage with Rajbir and out of the said wedlock of Kamla and Rajbir, plaintiff Naresh Kumar was born. It was alleged that Kishan Singh had no issue. It was denied that plaintiff is son of Kishan Singh. Thus claim of plaintiff as son of Kishan Singh to 1/6 th share in the estate of Bala Ram was denied. The plaintiff did not resist the sanction of inheritance mutation of Bala Ram on 30.10.1977 nor plaintiff's mother Kamla and father Rajbir objected to the same. Various other pleas were also raised.

(3.) Learned Civil Judge (Junior Division), Mohindergarh vide judgment and decree dated 05.03.2004 dismissed the plaintiff's suit. First appeal filed by plaintiff through legal representatives has been dismissed by learned Additional District Judge, Narnaul vide judgment and decree dated 07.06.2008. Feeling aggrieved, legal representatives of the plaintiff have filed this second appeal.