PRABHU DEVI Vs. VIJAY LAXMI

JUDGEMENT

(1.) Sh. Jeet Singh owned certain agricultural land in Revenue Estate Shimla. After his death Sh. Jai Singh, his only son inherited the same. Sh. Jai Singh was married to Smt. Mohini Devi and through their wed lock, three children, namely sons Sh. Krishan Singh and Sh. Narender Singh and daughter Ms. Mauli Devi were born. Allegedly during his life time Sh. Jai Singh partitioned his Whether reports of Local Papers may be allowed to see the judgment? properties between his sons Sh. Krishan Singh and Sh. Narender Singh, excluding both Smt. Mohini Devi and Smt. Mauli Devi from their right of inheritance. The suit properties situated in village Patiog, by virtue of this alleged partition dated 20.6.1971, fell to the share of his youngest son Sh. Narender Singh, who incidentally had to manage certain immovable properties of his in-laws and as such stayed with his family at a different village, Rahi, which is slightly far off from Patiog. Sh. Jai Singh expired on 30.6.1977. Over the agricultural land in village Patiog, a residential house of four rooms was constructed. Sh. Narender Singh permitted his mother Smt. Mohini Devi to reside in the said house. She in turn inducted Sh. Uma Datt as a tenant in one of the rooms of the said residential house. On 26.4.1982, Sh. Narender Singh died when he was just 45 years of age. It appears that his family continued to stay at village Rahi. Sh. Krishan Singh also did not live with his mother, whose residence and kitchen stood separated since the time of his father. Smt. Mohini Devi executed two deeds of gift dated 10.10.1984 and 24.12.1985 in favour of Sh. Uma Datt which were separately registered on different dates with the Sub Registrar. Gift deed dated 10.10.1984 pertained to the entire residential house where she was residing and included the tenanted portion and gift deed dated 24.12.1985 pertained to the remaining agricultural land in village Patiog. Factum of execution of these gift deeds came to the notice of legal heirs/successors in interest of Sh. Jai Singh/Narender Singh who instituted separate proceedings before the Civil Courts at Shimla.

(2.) Civil Suit No. 108/1 of 1985, titled as Smt. Vijay Laxami & others v. Smt. Sarju Devi & others, was instituted on 20.5.1985 only by the wife and children of late Sh. Narender Singh against Sh. Uma Datt (defendant No. 1), Smt. Mohini Devi (defendant No. 2), Sh. Krishan Singh (defendant No. 3) and Ms. Mauli Devi (defendant No. 4), in which plaintiffs prayed for the following reliefs:-

(3.) Whereas on 12.6.1986 Smt. Mohini Devi individually instituted Civil Suit No. 86-1 of 1986, titled as Smt. Mohini Devi and others v. Smt. Sarjoo Devi and others, arraying Sh. Uma Datt as defendant No. 1, Ms. Mauli Devi as defendant No. 2, Sh. Krishan Singh as defendant No. 3 and legal heirs of Sh. Narender Singh (plaintiffs in Civil Suit No.108/1 of 1985) as defendants No. 4 to 7, praying for the following reliefs:-