MULTI DEVI Vs. AMAR SINGH

JUDGEMENT

(1.) THIS is plaintiffs Regular Second Appeal against the judgment and decree, dated February 23, 1979, of the learned Additional District Judge (II), Hissar, dismissing the appeal of the plaintiff and affirming the judgment and decree, dated June 1, 1978 of the Court of Senior Subordinate Judge, Hissar.

(2.) BRIEF facts of the case are that Smt. Multi Devi had filed a suit seeking perpetual injunction against defendant No. 2 that he be restrained from making the payment of the provident fund etc. to defendant No. 1 and in the alternative, a decree for mandatory injunction directing defendant No. 1 to hand over the amount of provident fund and gratuity to her after receiving the same from the State of Haryana, She alleged that she is daughter of the brother-in-law of deceased Chandu Ram. Chandu Ram was working as Peon in the office of Deputy Commissioner, Hissar, Chandu Ram executed a registered Will, November 6, 1974 bequeathing his entire estate in favour of the plaintiff; that she being heir of Chandu Ram is entitled to get the amount of provident fund and gratuity of said Chandu Ram; that defendant No. 1 alleges himself as nominee of Chandu Ram for getting the provident fund; and that in earlier Suit No. 142 of 1975 between the plaintiff and Amar Singh defendant No. 1 etc. and decided in appeal on August 27, 1976, Amar Singh defendant has been declared as nominee of Chandu Ram. It was further pleaded that in any case the plaintiff is entitled to get the amount of provident fund and gratuity from Amar Singh defendant after he receives the same from the Government as she is heir of Chandu Ram on the basis of Will that notice Under Section 80 of the Code of Civil Procedure was served upon defendant No. 2 but to no effect. Hence, she filed the suit for perpetual injunction and in the alternative for mandatory injunction, as mentioned earlier.

(3.) PLEADINGS of the parties gave rise to the following Issues: