BIMLA DEVI Vs. RAKESH GAUTAM

JUDGEMENT

(1.) This revision petition is directed against the order dated 23.9.1998 passed by the Civil Judge (Junior Division). Jalandhar.

(2.) Bimla Devi had brought a suit for declaration and injunction against respondents-1 to 6 claiming to be the heirs of Devi Dyal in whose favour a succession certificate had already been granted. During the pendency of the suit, Vijay Laxmi wife of Babu Lal had filed on application for being impleaded as a party on the ground that she, along with her husband, had been staying in the property in dispute for the last 30 years, where her husband Babu Lal had been doing the work of ironing clothes. During this period, she and her husband had been looking after Devi Dyal like their father and said Devi Dyal had made her the owner of H. No. 112, RA, Bazar Top Khana, Jalandhar. She also asserted that Devi Dyal had died in her hands and she had made all expenses of medicines, etc. and the parties to the suit had conspired to grab the property in dispute by concealing the fact of her ownership and, therefore, she should be impleaded as a respondent. This application was contested on the ground that the same was not legally maintainable and Vijay Laxmi had not come to the Court with clean hands. It was contended that the application was neither the legal heir of the deceased Devi Dyal nor had she any right over the property in dispute. The plaintiff and the defendants are the legal heirs of the deceased and the applicant is trying to grab his estate. The civil Judge (Junior Division) had after taking into consideration the arguments canvassed before it accepted the application and this has occasioned the filing of the present revision petition.

(3.) I have heard learned counsel for the parties.