RUPINDER KAUR Vs. BINDER SINGH AND ANOTHER

JUDGEMENT

(1.) Rupinder Kaur who is petitioner before the trial court has filed this revision petition under Article 227 of the Constitution of India assailing Order dated 19.12.2011 (Annexure P-4), passed by learned Additional Civil Judge (Senior Division), Moga (exercising power of District Judge as Guardian judge) thereby allowing application (Annexure P-2) moved by Binder Singh respondent No. 1 herein under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure for impleading him as party to the petition which has been instituted by petitioner Rupinder Kaur against the general public under Section 8 of the Hindu Minority and Guardianship Act, 1956 read with Section 29 of the Guardian of Wards Act for permission to sell the land of her minor daughters Tamrin Kaur and Balrin Kaur. Respondent No. 1 herein is paternal uncle of the minors.

(2.) I have heard learned counsel for the parties and perused the case file.

(3.) Counsel for the petitioner contended that respondent No. 1 is in illegal possession of the land belonging to the minors and is not paying anything to them and therefore, he has no right to contest the petition filed by the petitioner. On the other hand, counsel for respondent No. 1 contended that petitioner has performed second marriage and she would utilise the sale consideration of the land of the minors for herself, thereby adversely affecting the interest of the minors.