ANTA RAM Vs. SURINDER KUMAR

JUDGEMENT

(1.) Vide this judgment, I shall be disposing of four regular second appeals bearing RSA No.2999 of 2015, RSA No.5572 of 2014, RSA No.5035 of 2017 and RSA No.5677 of 2017. Learned counsel for the parties are agreed that all the appeals can be conveniently disposed of by a common judgment.

(2.) These four appeals have been filed against the concurrent finding of fact arrived at by the Courts below while deciding two suits. One suit was filed by Jagdeep son of Gulabo and second suit filed by purchaser from Jagdeep. Dispute in both the cases is with respect to estate of late Smt. Manbhi, widow of Kundan who was undisputed owner of the property. Jagdeep claims that he is related to Manbhi, as name of father of Manbhi was Kehar who was having a brother Horam and Horam's daughter is Gulabo and Jagdeep is son of Gulabo (in other words, Manbhi's real uncle's daughter's son). Jagdeep claims a Will in his favour dated 16.01971. The Will has been proved by examining the attesting witness and scribe. The appellants in RSA No.2999 of 2015 and 5572 of 2014 claimed the property on the ground that Manbhi did not leave behind any heir and the property has escheated in favour of the State whereas other two appeals have been filed by the State of Haryana.

(3.) Both the Courts after examining the evidence have found that the Will propounded by Jagdeep is proved and the property cannot be held to have escheated in favour of the State in the presence of relatives merely because for more than 20 years, succession to the property of Smt. Manbhi was not got updated in the revenue record.