RAM NATH Vs. TARA RANI

JUDGEMENT

(1.) This order will dispose of RSA No. 104 and 223 of 2016 as these have emerged out of the same judgment and decree dtd. 15/9/2015 passed by the Additional District Judge, Faridabad whereby appeal preferred by Tara Rani respondent was allowed, judgment and decree passed by the trial court dismissing suit of respondent Tara Rani were set aside and Tara Rani was declared to be owner in possession of 1/3rd share of the property in dispute.

(2.) The present litigation pertains to House No. 5-H/47 NIT, Faridabad which was previously allotted/transferred to Sh. Sant Ram (since deceased) vide registered Conveyance Deed dtd. 27/2/1961 (wrongly mentioned in the judgments of the courts below as 27/2/1981) executed by the President of India in lieu of property left behind by Sh. Sant Ram in Pakistan. Sh. Sant Ram died on 19/9/1984 and left behind three class-I heirs namely Tara Rani daughter, Ramesh Chand and Chanan Lal sons. Ramesh Chand and Chanan Lal sons of late Sh. Sant Ram have also passed away. Ramesh Chand is succeeded by Keshar Chand defendant No. 1 and defendants No. 2 to 4 are the sons and daughter of Sh. Chanan Lal. Tara Rani claimed 1/3rd share in the suit house on the basis of natural succession being one of the class-I heirs left behind by Sh. Sant Ram. On the contrary, defendants No. 2 to 4 (appellants herein) claimed exclusive right to the suit house on the basis of registered gift deed dtd. 2/5/1972 and registered Will dtd. 15/2/1982 purported to be executed by Sh. Sant Ram in favour of Chanan Lal, predecessor-in-interest of the appellants.

(3.) The trial court, on the basis of pleadings of the parties, framed 11 issues, reproduced in para 6 of the judgment of said court. Issue No. 1 was answered against respondent/plaintiff Tara Rani primarily on the ground that suit filed by her is barred by limitation and amended provisions of Sec. 6 of the Hindu Succession Act are not applicable to disposition of property which has taken place before 20/12/2004. The trial court, in view of its findings on issue No. 1, answered issue Nos. 2 to 6 in favour of the defendants and against the plaintiff and ultimately suit filed by the plaintiff was dismissed and so also the counter claim preferred by defendant No. 1 Keshar Chand son of Ramesh Chand son of Sant Ram.