SAHAB KAUR Vs. AVTAR SINGH

JUDGEMENT

(1.) THE revision petition has been filed under Article 227 of the Constitution of India against the order dated 28.7.2003 (Annexure P-3) passed by the learned Civil Judge (Junior Division), Ambala City whereby Avtar Singh and Didar Singh (respondents No. 1 and 2) have been impleaded as legal representatives of the deceased Smt. Bachni Devi, during the pendency of the suit on the basis of a registered Will dated 27.10.1998.

(2.) SMT . Bachni Devi, widow of Amar Singh filed a suit for possession by way of partition in respect of the house as detailed in the head note of the plaint, in which she claimed that she is the widow of Amar Singh (deceased). During the pendency of the suit Smt. Bachni Devi died on the intervening night of 15/16.4.2002 and respondent Nos. 1 and 2, who are the grand-sons of Smt. Bachni Devi, moved an application for their impleadment as the legal representatives on the basis of Will. The application was opposed by the petitioner Sahab Kaur, daughter of Amar Singh. It was submitted that respondent Nos. 1 and 2 are not the legal heirs of deceased Smt. Bachni Devi and she never executed the Will dated 27.10.1988 in their favour. It is stated that the applicants have no right to be impleaded as legal heirs of Smt. Bacnhi Devi as Smt. Sahab Kaur (petitioner) is her only legal heir and a prayer was made for dismissal of the application. The learned Civil Judge (Junior Division) vide his impugned order dated 28.7.2003 has allowed the application by taking into account the Will dated 27.10.1998.

(3.) IN response, learned counsel appearing for the respondents submits that the order passed by the learned trial Court is just and reasonable and calls for no interference by this Court. It is further submitted that the legal representatives of Smt. Bachni Devi have rightly been impleaded in view of the Will dated 27.10.1998 validly executed by Amar Singh. The same, it is contended, is a registered document. It is further contended that in case the petitioner is, in any manner, aggrieved from the Will dated 27.10.1998, she may challenge the same in accordance with law. Therefore, it is prayed that the revision petition may be dismissed.