PURAN CHAND Vs. DEEPAK GOSAIN

JUDGEMENT

(1.) Balbir Singh was the owner of the suit land. He died on 12.9.1985. He left behind his widow Swaraj Rani (respondent No. 5) and his daughter Parveen Kumari. His inheritance was, however, sanctioned in favour of Swaraj Rani on the basis of oral Will dated 8.7.1985 on 16.11.1985. Parveen Kumari who was married to Yog Raj (respondent No. 2) also died on 18.12.1985 leaving behind her son Deepak Gosain (respondent No. 1) and her husband Yog Raj. Said Yog Raj re-married in 1986. Swaraj Rani sold the entire property of Balbir Singh in favour of the appellants vide registered sale deed dated 14.5.1990. The said sale deed was challenged by respondent Nos. 1 and 2 being the legal heirs of Parveen Kumari with the allegations that Parveen Kumari had inherited half share in the estate left by her father Balbir Singh while Swaraj Rani being the widow of Balbir Singh inherited half share. Therefore, Swaraj Rani had no right to alienate the entire land of Balbir Singh in favour of the appellants.

(2.) The said suit was contested by the present appellants by filing written statement. Legal objections were also pleaded. Even Swaraj Rani had taken the plea that Deepak Gosain was not the son of Parveen Kumari from her wedlock with Yog Raj. It was further pleaded that Yog Raj had re-married 2 or 3 months after the death of Parveen Kumari. Therefore, it was denied if respondent Nos. 1 and 2 were the legal heirs of Parveen Kumari. It was further pleaded that her husband Balbir Singh had bequeathed the property in her favour and mutation was also sanctioned in her favour alone. Therefore, Parveen Kumari had not inherited any share in the estate left by Balbir Singh. Mutation was not challenged by the appellants for a long time nor it was challenged by Parveen Kumari during her life time.

(3.) The appellants also filed written statement and contested the suit. Legality and maintainability of the suit was disputed. It was pleaded that they have purchased the suit land from Swaraj Rani vide registered sale deed dated 14.5.1990 for a sum of Rs. 9,03,750/-. They were bona fide purchasers for consideration without notice. Issues were framed. The parties led the evidence.