SHYAMBIR Vs. HIRA AND ORS.

JUDGEMENT

(1.) PROPERTY inherited by a Hindu woman from her husband when she dies intestate cannot pass down to step children by survivorship when succession opens. Section 15 of the Hindu Succession Act, 1956 is the governing provision and the law has been laid down by the Supreme Court in Lachhman Singh v. Kirpa Singh and others, : (1987) 2 SCC 547 on the point. The plaintiff and defendant No. 5 are brother and sister born to late Rumali widow of late Mohar Singh from their matrimonial union. When the suit for declaration and permanent injunction was presented claiming 9/24 share of agricultural land comprising total joint holding comprising 35 Kanals 1 Marla as per Jamabandi for the year 1998 -99, Defendant No. 5 was not available to be joined as co -plaintiff, their interest being common and this is why she was arrayed among the defendants as a proforma party. Mohar Singh's first wife Ghishi pre -deceased Mohar Singh who thereafter married Rumali. Rumali died in the year 2002. Rumali did not leave behind a testamentary disposition of her property through a Will. Dispute began when on the death of Rumali defendant Nos. 1 to 4 got her property by mutation of inheritance vide No. 1931 dated 31.07.2002 which was got sanctioned on 16.01.2003 without notice or knowledge of plaintiff Shyambir as alleged in the plaint. The disputed property falls in Village Siha, Tehsil Hodal, District Faridabad. The plaintiff claimed that on the basis of this mutation, defendants No. 1 to 4 started interfering in his possession over the land of late Rumali. The suit was contested by defendants No. 1 to 5. They joined issue and refuted that the plaintiff and proforma defendant No. 5, his sister, are the sons and daughter of late Rumali who breathed her last in the year 2002. It is pleaded that defendant No. 1 and one Sh. Handoo, pre -deceased son, represented by defendants No. 2 to 4, were the sons of Rumali. It was disputed by the defendants that Hira son of Mohar Singh and defendants Mam Chand and Gian Chand were grand step sons and Smt. Chapri widow of Sh. Handoo is the step daughter of Rumali as she was born from the wedlock of Mohar Singh with Ghishi. It was stated that Hira and Handoo were born from the loins of Rumali and Mohar Singh. It was stated that Ghishi died issueless in a young age about 70 years ago. After the death of Ghishi, Mohar Singh married Rumali and gave birth to Hira and Handoo. It was alleged that Jagan Devi -defendant No. 5 (proforma) had executed a relinquishment deed qua her share in the suit land in favour of plaintiff Shyambir, Hira, Mam Chand and Gian Chand in three equal shares which indicates the factum of common paternity and maternity. The plaintiff's claim on a Bahi of Pandas is procured, fabricated and forged evidence for depriving defendants of their right to suit property. The plaintiff did not file a replication which led to framing of five issues as follows: -

(2.) WHETHER plaintiff is entitled to a decree for permanent injunction as prayed for? OPP.

(3.) WHETHER the plaintiff has no cause of action to file the present suit?