SWEETY Vs. GENERAL PUBLIC

JUDGEMENT

(1.) This appeal raises rather an interesting and important question of law for consideration as what be the mode of succession of an eunuch i.e. transgender, in absence of any religion being professed or have been claimed by the plaintiff.

(2.) The brief facts of the case are that the plaintiff/appellant filed a suit for declaration that the plaintiff was the only successor in interest for movable and immovable property left behind by deceased Rajia alias Ratni Nani (Eunuch). It was claimed that the plaintiff is the Guru/Patron of late Rajia and Desh Raj (Eunuch) who died on 29.10.2009 leaving behind the plaintiff as only their legal heir-cum-Guru. It was averred that there is a custom in the society governing the Kinners that at the time of birth of eunuch (Kinner child) it is generally taken by the Guru Kinner of that area and she/he is brought up by the said Guru. The Guru is the only person related to the chela and deceased was the chela of the plaintiff and, therefore, it is plaintiff alone who is entitled to succeed to the estate of the deceased.

(3.) Notice of the suit was issued to the defendant through general public, but none appeared on behalf of the defendant to contest the claim of the plaintiff. Accordingly, the appellant was directed to lead evidence before the trial Court. On conclusion of the evidence and after evaluating the same, the learned trial Court dismissed the suit and the appeal filed before the learned lower Appellate Court also met the same fate.