RAJNI Vs. ROSHNI

JUDGEMENT

(1.) THIS order shall dispose of two cross appeals namely, R.S.A. No. 1633 of 1982 (for brevity, 'Ist case') and R.S.A. No. 759 of 1982 (for brevity, 'IInd case'). Both the appeals are the result of cross-suits filed by the parties against one and another. The Trial Court had dismissed both the suits with costs vide its judgment dated 3.10.1982 and the learned Additional District Judge, Kurukshetra has further dismissed the appeals vide his judgment and decree dated 6.2.1982. Feeling aggrieved, the parties have approached this Court by filing the appeals under Section 100 of the Code of Civil Procedure, 1908 (for brevity, 'the Code').

(2.) THE appeal filed by Smt. Rajni i.e. R.S.A. No. 1633 of 1982 has arisen from Civil Suit No. 101 of 1977. Smt. Rajni is widow of one Hardutt. She filed Civil Suit No. 101 of 1977 on 4.4.1977 against Smt. Roshni widow of Mohinder Singh son of Mann Singh and Smt. Kanti wife of Man Singh son of Datta Ram seeking a declaration to the effect that she was exclusive owner of land measuring 255 kanals 13 marlas, situated at village Chandana. She claimed that Smt. Roshni and Smt. Kanti have no concern with the land which is fully described in para 1 of the plaint. She had also asserted that her husband Hardutt died in 1952 and being widow and the sole legal heir, she succeeded to his estate which included the suit land. By operation of Section 14(1) of the Hindu Succession Act, 1956, she because its absolute owner. The suit land was allotted to her after consolidation in lieu of the old land held by her.

(3.) MOHINDER Singh died in 1975 and was survived by his wife Smt. Roshni, his mother Kanti defendant-respondent No. 1 and a minor daughter Vidya. Mutation of inheritance was sanctioned in favour of defendant-respondents Roshni and Smt. Kanti, defendant-respondent No. 2. In the alternative, it is claimed that if the adoption of Mohinder Singh by the plaintiff-appellant Smt. Rajni is upheld and further the gift-deed dated 17.2.1958 is also upheld as valid, then Mohinder Singh would be deemed to be the owner of 1/2 share if the decree passed on 15.7.1972 in Civil Suit No. 1253 of 1972 is also upheld. In other words, alternative relief has been sought on the ground that the plaintiff- appellant of Ist case being mother of Mohinder Singh who was owner of 1/2 share at the time of death of Mohinder Singh in 1975, would be entitled to 1/3 share of the land owned by him or 1/6 share from the entire suit land being the heir of Mohinder Singh under the provisions of Hindu Succession Act. Smt. Vidya, daughter of Mohinder Singh died unmarried and her share devolved on her mother Roshni who have become owner of 1/3 share out of the 1/2 share of the entire land of Mohinder Singh. On the aforementioned basis, the plaintiff- appellant have sought a declaration to the effect that she is owner in possession of the suit land or in the alternative, that she is owner of 2/3 share of the suit land as detailed above with consequential relief of joint possession.