RACHNA SHARMA Vs. MEENA KUMARI SHARMA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against order dated 3.10.2012 passed by learned Civil Judge (Senior Division), Court No.1 Kasauli in CMA No. 114/06 of 2012 in Case No. 122/1 of 2010.

(2.) The facts, in brief, are that respondent has filed a suit for declaration against the petitioner that respondent is the sole successor of deceased Rajinder Prakash Sharma co-owner in possession of the suit land to the extent of 1/3 rd share land more specifically described in the plaint situate in mauja Garkhal, Hadbast No. 713. Rajinder Prakash Sharma was also co-owner in joint possession of land measuring 23 bighas 18 biswas and building constructed thereupon which respondent has succeeded after the death of Rajinder Prakash Sharma being his daughter and mutation No. 2711 dated 7.11.2007 of mauja Kasauli and mutation No. 869 dated 8.2.2008 of mauja Garkhal and showing the petitioner as absolute owner in possession of share of deceased Rajinder Prakash Sharma are also wrong, illegal, null and void and not binding upon the respondent. As a consequential relief, the decree for permanent prohibitory injunction has also been prayed by the respondent.

(3.) Rajinder Prakash Sharma was also having some buildings in the Cantonment area at Kasauli known as 'Cart Road, Arhat Bazar, Kasauli to the extent of 1/3 rd share. The respondent is the only daughter and is sole legal heir of deceased Rajinder Prakash Sharma, who died intestate on 16.10.2007. Rajinder Prakash Sharma never executed any Will during his life time.