INDRA DEVI Vs. RAJIV KUMAR

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in the regular second appeal, cross -objections and contempt petition, the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) "Pertinent facts" necessary for the adjudication of the regular second appeal, cross -objections and contempt petition are that the respondent/plaintiff, Rajeev Kumar (hereinafter referred to as the "plaintiff" for the sake of convenience) filed a suit for declaration along with consequential relief of injunctions. It was averred that father of the plaintiff and proforma defendants, Kanta and Nisha, namely, Mangat Ram was government employee. He was posted as Peon in Primary Health Centre Himri, Tehsil Kotkhai, District Shimla, H.P.. He died on 26.5.2008. According to the plaintiff, Mangat Ram was co -owner in possession of the land comprised in Khewat No. 75, Khatauni No. 129, Khasra Nos. 98, 434, Kita -2, area measuring 00 -51 -25 hectares and the land comprised in Khewat No. 79, Khatauni No. 133, Khasra No. 370, area measuring 00 -18 -08 hectares, situated in Chak Gunda, Tehsil Kotkhai, District Shimla, as per jamabandi for the year 2002 -03. After the death of Mangat Ram, the plaintiff and proforma defendants were the only legal heirs to inherit his estate in equal shares and they were entitled to his service benefits, i.e. GPG, gratuity, pension etc.. Draupdi alias Fishi, wife of Mangat Ram, died in the year 2004. According to the plaintiff, Mangat Ram never contracted any second marriage. However, appellant/defendant No. 1, Indra Devi (hereinafter referred to as "defendant No. 1" for the sake convenience) claimed herself to be the wife of Mangat Ram, in collusion with some officials of the Hospital, where Mangat Ram was serving. She was trying to grab GPF, pension and other service benefits. In fact, defendant No. 1 was legally wedded wife of one Tikam Ram, resident of Urtu/Rahnu, Tehsil Nirmand, District Kullu.

(3.) ACCORDING to defendant No. 1, she was also legal heir of Mangat Ram being his legally wedded wife. She was married to Mangat Ram on 5.11.2006 as per Hindu custom and rites prevalent in the area. The marriage was registered in Gram Panchayat Himri vide registration No. 16/2006 and name of defendant No. 1 was shown in Pariwar Register of Mangat Ram. Her name was also figured in ration card and electoral record. The Executive Magistrate, Kotkhai issued a legal heir certificate to defendant No. 1 after conducting thorough enquiry from Panchayat record, Pariwar register and ration card. She cohabited with Mangat Ram as wife and was residing in her matrimonial house, i.e. village Ghunda, P.O. Himri, Tehsil Kotkhai, District Shimla, H.P.. Mutation No. 63, dated 4.3.2009 was also attested and sanctioned in her favour along the plaintiff and proforma defendants.