RSA N03765 of2008 v. Ghanshaymand Ot hers

t he first JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 96 4 1 1 RSA No3765 of2008 appellat eCout t is as under KanhaRanl KaluRam 1 2 Tot aRam NandRam RoopRanl Um aDut t died issueless Budh Ram adopt edson Jainarain Teka Died issue I ess plaint ifT110 1 Richhpal Budh Ram JaiLal Oventin adopt ion t oNand Ram l Banwari plaint ill11021 Ghan BadalNorangManohar LekhRamTara e Lal Chand defendant s No t o 6 Nat hia widOW dcfcndant No101 Rat n Ganga I shwar Ram Dhw Niwas defendantnos 3 t o 61 Roht ash BhagatRakeshSat yavirBal Kishan BhagwanKrishana defendantno 7 t o 1Ol 6defcndant sno 891 Before consolidat ion Nat hu and Nannu had 113rdshare in t he suit propert yand Kanhu alias Kalu had 113rdshare in t he suit propeny Sheo Nand Adu and Tokha had 113rdshare in t he suit propert y Nanu died unm arried and issueiess and his share was inherit ed by Mohabbat Mohabbat gift edhis share out of t he suit I and t o Richhpal in favour of plaint iffsNo7 t o 10 Sheo Nand Adu and Tokha died issueless Their share cam e t o Nand Ram Budh Ram was adopt ed by Nand Ram and aft er t he deat h of Nand Ram Budh Ram becam e in possession of his share Aft er t he deat h of Budh Ram defendant s No 1 t o 6 becam e owners of his share Um a Dut t son of Kanha Ram had died issueless and his propert ywas inherit edby his brot her Tot a Ram Nand Ram and RoopRam in equalshares Tot a Ram had t wo sons nam ely Teka and Jainarain Teka died unm arried and issueless and his share out of t he suit propert ywas inherit ed by Jai Narain Aft er t he deat h of Jai Narain his propert y KUMAR SURESH SHAM LAL 2012.11.19 17: 06 True Scanned Copy of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 1 0 0 I C5 I Z 2 t r I Z m 7 Z t l 1 97 1 1 RSA N03765 of2008 3 inherit ed by his son I n t his way plaint iHshad becom e owners in possessionof t he suit I and t o t he ext ent as m ent ionedbelow 1 Plaint iff nol Sat yaNarain 119 share Plaint iff n02 Banwari 1127share 3 Plaint iff nos 3 t o 6 whequalshares Plaint iff nos7 t o 10 wh equalshares 1127 share 10127 share Defendant nosl t o 6 419 share Nand Ram got m ut at ed t he ent ire share of Kanha in his favour and consequent lyt he sam e was t ransferred int he nam e ofhis adopt ed son Budh Ram Defendant s successors in int erest of Budh Ram claim ed t hem selves t o be owners of 213rdshare alt hought heywere not owners t o t he ext ent of 213 shareence t he suit was filed by t he plaint iffs Defendant s No 1 t o 6 in t heir writ t enst at em ent averred t hat Teka Singhson of Tot a Ram had not died issueless rat her he was survived by his five daught ersI t was averred t hat Dholi I and was beinggivenby t he owners t o a person who perform edt he dut ies of Pandat ai Lat er on t he said person becam e owner of t he propeit y Pandat ai of Nanu and Nat hu was inherit ed by Mohabbat and Pandat ai of Kanhu was adopt edby Nand Rar Tokha Ram and Adu had predeceased Sheo Nand and t hat I S why Pandat ai right devolved on Sheo Nanc Sheo Nand becam e exclusive owner of his share and execut ed t he giftdeed in favour of Budh Ram The said 0 C I C5 I Z C I Z m 7 Z propert ydevolved on t he answeringdefendant s The defendant s KUMAR SURESH SHAM LAL 2012.11.19 17: 06 True Scanned Copy of The Original PHHC,Chandigarh were in possessionof t he suit I and JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 98 1 RSA N03765 of2008 4 Defendant No 7 was proceededexepart e Defendant s No 8 t o 10 in t heir writ t en st at em ent t he claim of t he plaint iffs On t he pleadingsof t he part ies followingissues fram edbyt he t rial Couit 1 Nhet her t he plaint iffsare ent it led t o get t heir shares as alleged70PP Whet her t he suit is not m aint ainable in t he present form 20PD 3NVhet hert he suit of t he plaint iffsis t im e barred20PD 4Nhet her t he plaint iffshave no I ocus st andi t o file t he presentsuit 70PD 5Nhet her t he plaint iffshave no cause of act ion t o file t he presentsuit 70PD 6Vhet her t he plaint iffsare est oppedfrom filingt he present byt heir own act and conduct 20PD 7Relief The t rial Court vide j udgm entand decree dism issed t he suit of t he plaint iffsvide j udgm entand decree dat ed 62003 Aggrievedby t he sam e plaint iffsNo 7 t o 10 preferredan appealand t he sam e was dism issed by t he Dist rict Judge Bhiwani vide j udgm entand decree dat ed 21 112007 Hence t he present appeal by t he plaint iffsNo 7 t o 10 Aft er hearingt he I earnedcounsel for t he part ies am of t he opiniont hat t he inst ant appealdeserves dism issal Bot h t he Court s below aft er t he evidence I ed byt he part ieson record held t hat t he plaint iffshave failed t o prove JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document KUMAR SURESH SHAM LAL 2012.11.19 17: 06 True Scanned Copy of The Original PHHC,Chandigarh 0 U I t 5 I Z I C0 Z m e Z Qe I J 8 99 P Q 0 C3 0 erZ r2 Q r 0Z 4 Ci0 4 4a Z 0 1 I iee 67 1 1 41 1CYl 0 4 Pe8 l 4 11 I KUMAR SURESH SHAM LAL 2012.11.19 17: 06 True Scanned Copy of The Original PHHC,Chandigarh 1 t heircase m e t hat No March 07 2011 failed 5 of I aw anses in t hiscase 1 I S Judge 1 JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 4