SUNITA RATHORE Vs. HARSHWARDHAN AND ANOTHER

JUDGEMENT

(1.) Challenge in the present appeal has been directed against concurrent findings recorded by the Courts whereby suit filed by the respondents/plaintiffs for declaration and permanent injunction was partly decreed by the trial Court vide judgment and decree dated 19.02.2016. The appeal preferred by unsuccessful defendant was dismissed by the Additional District Judge, Fatehabad.

(2.) The present lis pertains to inheritance to estate of Sh. Karni Singh Rathore who died on 28.03.2011 at Bombay. The respondents/plaintiffs claimed inheritance to Sh. Karni Singh on the allegations that Sh. Karni Singh Rathore performed marriage with plaintiff No.2 on 22.07.1996 and out of their wedlock, Harshwardhan Rathore plaintiff No.1 was born on 24.10.1997. The appellant/defendant is stated to be keep of Karni Singh Rathore, therefore, is not entitle to inheritance to Sh. Karni Singh Rathore. It is averred by the plaintiffs that they approached the patwari halka to get mutation of inheritance entered and sanctioned in their favour. Mutation No.9179 was entered but later appellant/defendant filed objections before Assistant Collector 2nd Grade, Bhattu Kalan. She (appellant) claimed herself as the only legal heir and representative of deceased Karni Singh Rathore. The mutation was declared disputed and referred to SDO Civil, Fatehabad. The SDO Civil sanctioned the mutation in favour of appellant/defendant. The respondents/plaintiffs filed an appeal before the District Collector, Fatehabad. Vide order dated 23.10.2013, the matter was adjourned sine die and parties were directed to get the matter of inheritance decided from Civil Court. The defendant is bent upon to interfere into peaceful possession of plaintiffs over the property of deceased Karni Singh Rathore. Hence the suit.

(3.) The appellant/defendant filed the written statement and, in turn, controverted entitlement of the respondents/plaintiffs to inherit to property of Karni Singh Rathore. She had submitted that her marriage was solemnized with Karni Singh @ Kinti Singh on 19.02.1992 at village Kohar, Tehsil and District Bhiwani according to Hindu rites and ceremonies. The marriage was consummated but no child was born out of the wedlock. Her husband died on 28.03.2011. The plaintiff being Muslim could not perform marriage with Karni Singh Rathore. Karni Singh Rathore never performed marriage with any other woman except the appellant. The plaintiff prepared false documents in collusion with Ajay and Mahender who wanted to grab property of her husband. The plaintiffs never resided at village Bhatu Kalan and question of their possession of property in question does not arise. She also raised preliminary objections regarding cause of action, maintainability, non-joinder of necessary parties and concealment of true and material facts etc.