PURAN CHAND Vs. BHOLI

JUDGEMENT

(1.) The dispute of succession to the estate of Smt. Kishan Dei between father and daughters has reached this Court in second appeal. The Appellant-father has lost in both the Courts below.

(2.) The facts, in brief, are that Appellant had filed a suit for declaration with consequential relief of permanent prohibitory injunction against Respondents regarding the land described in the plaint. The pleaded case of the Appellant is that he solemnized his marriage with Smt. Kishan Dei and is having Respondents 1 to 5 daughters from Smt. Kishan Dei, who inherited suit land from her father Nanda. Smt. Kishan Dei died intestate on 15.05.1998 leaving behind Appellant and daughters Respondents 1 to 5. The Appellant is entitled to inherit the estate of Smt. Kishan Dei along with Respondents 1 to 5 to the extent of 1/6th share.

(3.) It has been alleged that mutation No. 431 was attested by Assistant Collector, 2nd Grade, Nalagarh, on 13.01.1999 regarding the estate of Smt. Kishan Dei. The Respondent No. 1 preferred an appeal against the order dated 13.01.1999 which was dismissed by Sub Divisional Collector, Nalagarh, on 30.06.1999. However, Divisional Commissioner, Shimla, on 28.10.1999 recommended the revision for setting aside the order dated 30.06.1999 of Sub Divisional Collector, Nalagarh. The Financial Commissioner allowed the revision on 27.05.2006. The subsequent revision petition filed by the Appellant before the Financial Commissioner, Shimla, was also dismissed on 08.01.2007. The Appellant has pleaded that order of Divisional Commissioner and orders of Financial Commissioner are liable to be set aside.