SADA NAND SARASWATI Vs. SHIV NATH AND OTHERS

JUDGEMENT

(1.) THIS appeal must succeed The Subordinate Judge seems to have no fundamental knowledge of the well settled rule that the inheritance never remains in abeyance. As soon as one owner of the property dies, the property vests in the next heir. The next heir may be a person who is related to the deceased and according to the law applicable to him would be next in the line of heirs or may be an heir by adoption or under a will. In case there is no heir, the property vests in the State by escheat. The fact of the matter, however, is that the property does not hang in the air. On the death of the last holder it automatically vests in the next heir whoever he is.

(2.) IT is common ground that the property in this case is held by the receiver. The present suit was, therefore, filed for declaration by Sada Nand claiming himself to be the Chela of one Swami Vishudha Nand. The property in dispute was left by Swami Achutanand. The property comprises two houses in the town of Ludhiana and cash amount of Rs. 40,000/. lying in fixed deposit with the State Bank of India, Ludhiana.

(3.) IN the suit, defendants 1 to 5 are also made parties on the ground that they denied the plaintiff's title and have made an assertion that they are the blood relations of Swami Achutanand and are, as such, entitled to succeed to the property in suit. Defendants 2, 3 and 4 support the plaintiff's claim. But it is contested by the interim receiver, defendant 6, and defendant 1.