MEENA SHARMA Vs. RAMA SHARMA

JUDGEMENT

(1.) THIS order will dispose of RSA No. 1278 of 2005 titled Meena Sharma v. Rama Sharma and others, RSA No. 1370 of 2005 titled Meena Sharma v. Rama Sharma and others, and RSA No. 1376 of 2005 titled Om Parkash v. Rama Sharma and others as all these three appeals arise out of the judgment and decree passed by the learned Additional District Judge, Jalandhar vide which three appeals filed against the judgment and decrees passed by the learned trial Court were accepted by way of common judgment.

(2.) MEENA Sharma had filed a suit for declaration claiming ownership and possession of House No. 31 -A Chandan Nagar, Jalandhar with a consequential relief of permanent injunction restraining the defendants from interfering in her peaceful possession. The suit for declaration was filed through her father Om Parkash as her natural guardian and next friend. In the suit it was claimed that Swaran Lata alias Swaran Devi was handicapped and unmarried. Meena Sharma along with her father and other family members lived with Swaran Lata alias Swaran Devi in the house in question. She was served by them during her life time and in lieu of the said services Swaran Lata alias Swaran Devi executed a Will dated 19.4.1984 in her sound disposing mind regarding the house in dispute. The original Will was claimed to be in possession of the defendants who were said to have illegally misappropriated it at the time of the death of Swaran Lata alias Swaran Devi who died on 7.4.1985 and after her death the plaintiff continued to enjoy the house in dispute peacefully. It was claimed that the defendants have got no right, title or interest in the house in dispute and they were wrongly claiming to be the owners. It was claimed that an attempt was made to dispossess her but they could not succeed; hence the suit was filed. The suit was contested by raising a preliminary objection that the suit was not properly valued for the purpose of court -fee and jurisdiction as it was claimed that the market value of the property in question was Rs. 40,000/ -. It was claimed that the plaintiff had no locus standi to file this suit. The validity of the side (site ?) plan was also challenged. However, it was admitted that one Swaran Lata alias Swaran Devi was unmarried and handicapped but it was denied that she was looked after by the plaintiff and other family members in the house in question. The defendants claimed Swaran Lata alias Swaran Devi to be the real sister of defendant Nos. 1 and 2 and deceased Om Parkash whose legal representatives were brought on record. The defendants claimed themselves to be the legal heirs of Swaran Lata alias Swaran Devi. The Will was said to be forged and fabricated document and not binding on the rights of the defendants in the suit. The allegation of Will having been misappropriated at the time of death of Swaran Lata alias Swaran Devi was also denied. It was claimed that the Will was surrounded by suspicious circumstances. It was claimed that Swaran Lata alias Swaran Devi was looked after by the defendants and in fact, she was staying with them. The Will was said to be unnatural document. It was claimed that the plaintiff was trespasser and a suit had already been filed against them.

(3.) ASHOK Kumar and others also filed suit No. 26 against Meena Sharma and others for declaration that they are owners of half share of House No. 310 -A situated at Chandan Nagar, Jalandhar with a consequential relief of possession and for the recovery of Rs. 13,875/ - as mesne profits for unauthorised use and occupation of this property. The plaintiffs in the said suit had claimed that Swaran Lata alias Swaran Devi was exclusive owner in possession of the property and that she was unmarried. She was said to be real sister of plaintiff Nos. 1 and 2 and of late Om Parkash represented through plaintiff Nos. 3 to 8. On Parkash was said to have died on 30.6.1986. It was claimed that Swaran Lata alias Swaran Devi who was handicapped used to live with the plaintiffs. Plaintiffs in the said suit claimed themselves to be the only legal heirs of deceased. After the death of Swaran Lata alias Swaran Devi the plaintiffs were owners of the property by way of inheritance.