RANI DEVI Vs. PARMANAND

JUDGEMENT

(1.) THIS is a revision application by one Smt. Ranidevi against an order of the District Judge, Kotah refusing to implead her as a party in partition suit on the ground that she had no interest in the suit properties.

(2.) THE suit properties belonged to one Shri Ram who died in 1938 leaving three sons and four daughters including the present applicant. THE present suit for partition was brought on 16. 10. 51 by one of the grand sons of Shri Ram. THE daughters of Shri Ram were not impleaded as defendants in the suit. A preliminary decree was passed on 22. 5. 56. THEreafter the Hindu Succession Act 1956 came into force on 17. 6. 56 and Ranidevi moved an application for being impleaded as a party on the ground that she had acquired an interest in the suit properties by the coining into force of the Hindu Succession Act. THE application was rejected by the learned District Judge. Against that order the present application has been filed.

(3.) IN the present case on the death of Shri Ram in1958 his property vested in his three sons. Their sons cannot be divested of any part of that property by virtue of the coming into force of the Hindu Succession Act 1956. The daughters consequently cannot get any share out of Shri Ram's property after the coming into force of that Act. The applicant thus cannot claim any share in the properties of Shri Ram. She is not a proper party to the partition suit and her application was rightly rejected.