SMT. BALA DEVI Vs. RAM KUMAR AND ORS.

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 10.9.2001 passed by Additional District Judge, Kaithal vide which he allowed the appeal of the defendants -respondent and set aside the order dated 2.11.2000 passed by the Additional Civil Judge, (SD), Kaithal and dismissed the application of the plaintiff -petitioner under Order 39 Rules 1 and 2 CPC read with Section 151 CPC.

(2.) THE case of the petitioner is that Mansa Ram was owner of the land to the extent of 1/2 share of 844 Kanal -2 marlas. On his death, mutation was sanctioned in favour of Lal Singh defendant being son of Mansa Ram Lal Singh remained in possession of the land. However, respondents 1 to 5 in collusion with the revenue authorities and without arraying the petitioner and the performa respondents as party, filed an appeal against the sanction of mutation in favour of Lal Singh regarding the land owned by Mansa Ram who died in 1958. Respondents 1 to 5 kept the matter secret and the revenue authorities without issuing any notice to petitioner or any proforma -respondents, passed order dated 2.7.1999 and mutation No. 935 was sanctioned and pro rata cut was imposed and land of the petitioner was illegally deducted and mutated in favour of respondents No. 1 to 5. Similarly, the land to the extent of 1/40 share of lal Singh, 1/40 share of Bakhtawari. 1/20 share of Krishan Singh, 1/20 share of Bala Devi, 1/40 share of Reshma and 1/60 share of Kreshni and 1/60 share of Nanhi was deducted and mutated in the name of respondents No. 1 to 5.

(3.) THE defendants -respondents contested the suit and controverted the allegations. However, it was admitted that Mansa Ram was the owner of the suit land who died intestate in the year 1958 and under the provisions of Hindu Succession Act, his entire estate including the suit land has been inherited by defendant No. 7 Lal Singh and Smt. Kartari predecessor -in - interest of respondent 1 to 5 in equal shares being only class -1 heirs of said Mansa Ram defendant No. 6 and Kartari Devi became owner in possession of the suit land in equal shares and Smt. Kartari Devi died intestate about 19 years back leaving behind respondents 1 to 3 and Ajmer Singh father of defendant No. 4 and 5 as her only class -1 heirs and after his death her 1/2 share in suit land had been inherited by defendant No. 1 to 3 and Ajmer Singh in equal shares and therefore said Ajmer Singh died intestate and his 1/8 share in the suit land had been inherited by defendants 4 to 5 in equal shares and as such now defendants 1 to 5 are owners in possession of the suit land to the extent of 1/2 share.