PRASANN CHANDRA PINCHA Vs. KANCHAN DEVI

JUDGEMENT

(1.) Since common questions of facts and law are involved in both these writ petitions, therefore, the same were heard together and are disposed of by this common order.

(2.) These petitions have been filed challenging the order dtd. 22/1/2021 (in SBCWP No.2890/2021) and the order dtd. 21/8/2019 (in SBCWP No.2147/2021) passed by the learned Additional District Judge, Churu in Civil Original Suit No.37/2004 (23/1999). SBCWP No.2890/2021 has been filed with the following prayers:-

(3.) The facts of the case in brief are that plaintiffs Kanchan Devi (deceased) and Prabhat Kumar Pincha (respondents Nos.1 and 2 in SBCWP No.2890/2021 and petitioners in SBCWP No.2147/2021) (hereinafter referred to as 'the plaintiffs') filed a suit for declaration and injunction against the defendants (including Prasann Kumar, petitioner in SBCWP No.2890/2021 and respondent No.1 in SBCWP No.2147/2021) (hereinafter referred to as 'the defendant No.1). It was stated in the plaint that there is a residential haveli situated in Sardarshahar having Patta No.26 dtd. 13/1/1954 issued in favour of one Shri Hamir Mal S/o Shri Sujan Mal and Shri Bheru Dan S/o Shri Hamir Mal and the same was in use and in possession of the plaintiffs and the defendants Nos.1 and 2 were having no right, title or possession over the same. It was stated in the plaint that said Shri Bheru Dan was married with plaintiff Smt. Kanchan Devi (deceased) and out of their wedlock a daughter Smt. Indu Rani and a son Balisht Kumar were born. Shri Balisht Kumar died on 9/2/1968. Therefore, plaintiff Smt. Kanchan Devi adopted plaintiff Prabhat (son of her daughter Smt. Indu Rani) as per the Hindu rites and customs. It was alleged in the plaint that the said haveli was in the joint names of Shri Hamir Mal and Shri Bheru Dan and upon death of Shri Bheru Dan, who expired on 3/3/1957, plaintiff Smt. Kanchan Devi succeeded the share of Shri Bheru Dan in the haveli as per the provisions of Hindu Succession Act, 1956.