SRINGAR KANWAR Vs. HARI SINGH

JUDGEMENT

(1.) THIS cluster of six appeals includes five DB Civil Special Appeals against the judgment and decree date March 4, 1987 of learned Single Judge whereby the first appeals bearing numbers 1/1983 and 27/1983 of Smt. Sringar Kanwar and Hari Singh were partly allowed and the decree of Trial Court dated November 18, 1982 was modified. The sixth Civil Misc. Appeal is preferred against the order dated December 7, 1987 by which defendant's application under Order 9 rule 13 CPC, to set aside the ex parte decree dated November 18, 1982, was dismissed.

(2.) THE litigation has a chequered history: On October 12, 1959, the plaintiff Hari Singh (since deceased) filed a suit for declaration and possession against defendant Smt. Sringar Kanwar. It was inter alia stated in the plaint that Thakur Berisal Singh, husband of Sringar Kanwar, adopted Hari Singh on September 24, 1943 and executed a deed of adoption which was registered. Thakur Berisal Singh died on October 10, 1947 leaving behind ancestral immovable properties mentioned in the schedule annexed with the plaint. In the year 1954 Smt. Sringar Kanwar filed a suit for ejectment and rent against Hari Narain regarding the shop mentioned at No. 8 in the schedule. Hari Singh was impleaded in the suit. It was pleaded by Sringar Kanwar that she was owner of the shop and adoption of Hari Singh was illegal as Berisal Singh had made a will (Ex. A1) in her favour on May 14, 1947 and he had also executed agreement with the natural father of Hari Singh about postponement of right of Hari Singh. Hari Singh alleged that Berisal Singh could not execute any will as the property was ancestral. THE suit filed by Sringar Kanwar against Hari Narain came up in Regular First Appeal No. 7/1959 before this Court and following order was passed on August 5, 1965:- " It would thus appear that Hari Singh's natural father Amar Singh had agreed that Berisal Singh and his wife Smt. Sringar Bai would retain full control of the whole of Berisal Singh's property, that Hari Singh would have no right to squander away that property and that he would become its full owner on Berisal Singh's death and the death of his wife in the same way as Berisal Singh was its owner in his life time. "

(3.) IN special Appeal No. 88/87 preferred by defendant appellant Sringar Kanwar and 4 others against plaintiff Hari Singh a prayer has been made to set aside the judgment and decree dated March 4, 1987 of learned Single Judge and to dismiss the suit of plaintiff respondent holding that the defendant Sringar Kanwar was the absolute owner of property in dispute after coming into force Hindu Succession Act.