RAM CHAND Vs. UDAI SINGH ALIAS DAYA RAM

JUDGEMENT

(1.) C.M. No.105-C of 2019 The application for impleadment of applicant as contesting respondent being bona fide purchaser is dismissed, the applicant was not party to the suit. However, the applicant being subsequent purchaser shall be bound by the judgment passed in appeal. Main cases This order of mine shall dispose of two regular second appeals bearing Nos.1791 and 2037 of 1980. RSA No.1791 of 1980 titled as "Ram Chand Vs. Udai Singh alias Daya Ram and others" and RSA No.2037 of 1980 titled as "Udai Singh and others Vs. Ram Chand" arising out of common suit bearing No.605 of 24/12/1976.

(2.) Ram Chand son of Het Ram alleged that Hiri died issueless and being collateral, as Hiri was brother of Ram Chand, was entitled to succeed his property. Defendants No.1 to 4 got implicated the plaintiff and his son Devi Ram on account of murder of Hiri, who allegedly died on intervening night of 9/10/3/1976, which resulted into acquittal on 7/12/1976. However, during the interregnum, defendants as noticed above, on the basis of registered Will obtained the mutation in respect of land sanctioned on 22/5/1976. It was alleged that the property at the hands of Hiri was ancestral and also governed by customs and as per the prevailing custom, coparcenary land cannot be disposed of except for legal necessity. Defendants No.1 to 4 had no relation with the testator Hiri.

(3.) Since the parties were at variance, the trial Court framed following issues:-