TARSEM DASS Vs. DURGA DASS

JUDGEMENT

(1.) This petition is directed against the order of the executing Court dated 16th October, 1982 whereby the application filed by Tarsem Dass petitioner for being impleaded as the legal representative of the deceased-decree-holder Sant Ram was dismissed.

(2.) Smadh Majri Kishnewali filed an execution application through Sant Ram Mohatmim against Durga Dass etc. judgment-debtors directing them to deliver the possession of the suit land. During the pendency of the execution application, Sant Ram Mohatmim of the said Smadh died on 2nd February, 1979. Tarsem Dass filed an application on 13th March, 1979 for impleading him as the legal representative of deceased Sant Ram. He claimed to be the legal representative on the basis of a Will dated 19th February, 1974 registered on 12th March, 1974 in his favour on behalf of deceased Sant Ram. Tarsem Dass also claimed himself to be the son of the daughter of Sant Ram deceased.

(3.) Simultaneously, on 28th April, 1979, Luchhmi Devi claimed herself to be the daughter of Sant Ram deceased and made an application that she is the heir of Sant Ram Mohatmim of Smadh of Majri Kishnewali and there was no other heir of Sant Ram and that she be substituted as the legal representative of the deceased. This application was contested by Tarsem Dass. The executing Court framed the necessary issues and allowed the parties to lead evidence and came to the conclusion that Sant Ram did executed Will Exhibit DH/1 in favour of Tarsem Dass. However, at the same time, the executing Court also observed in para 19 of the impugned order that "Sant Ram deceased who was Mohatmim of the Smadh of Majri Kishnewali could not execute the Will in respect of the property of the Smadh. A Mohatmim can only be appointed by performing certain ceremonies. In this case, however, there is no evidence on record to prove whether any religious ceremonies were performed in elevating Tarsem Dass as Mohatmim of the Smadh Kishnewali." In view of these observations, both the applications filed by Tarsem Dass and Lachhmi Devi were dismissed.