The court affirmed that children of a deceased woman inherit her estate under the Hindu Succession Act, irrespective of their birth order, unless adoption is proven, as the mother's remarriage does not forfeit her property rights.

JUDGMENT :

Virender Singh, J.

1. Appellant-Ram Pyari has filed the present Regular Second Appeal, before this Court, against the judgment and decree, dated 7th July, 2004, passed by the Court of learned District Judge, Bilaspur, Himachal Pradesh (hereinafter referred to as ‘the First Appellate Court’), in Civil Appeal No. 71 of 1997, titled as Rampyari versus Amar Singh and others.

2. Vide judgment and decree, dated 7th July, 2004, the learned First Appellate Court has dismissed the appeal, filed by appellant-Rampyari, against the judgment and decree, dated 29th May, 1997, passed by the Court of learned Sub Judge First Class, Bilaspur, H.P. (hereinafter referred to as ‘the trial Court’), in Case No. 29/1 of 1993, titled as Amar Singh and another versus Ram Piari and others.

3. By way of judgment and decree, dated 29th May, 1997, the suit filed by the plaintiffs has partly been decreed, by the learned trial Court, by granting the following relief:

“34. For the reasons recorded hereinabove while discussing abovesaid issues, the suit of the plaintiffs is partly decreed to the effect that plaintiffs are joint owners in possession alongwith defendant Ram Piari and Daya Ram qua the suit land comprised in khata No. 16, khatauni No. 16, khasra Nos. 21, 164, 177 and 255 (kita 4) measuring 8 bighas situated at village Tarer, Tehsil Sadar, Distt. Bilaspur H.P. and the revenue entries i.e. Jamabandi showing Ram Piari exclusive owners in possession qua the suit land are hereby set aside. Further plaintiffs are entitled to the decree of permanent prohibitory injunction to the effect that defendant Ram Piari is hereby restrained from claiming herself exclusive owners in possession of the suit land. Both the parties shall bear their own costs. Decree sheet be prepared accordingly. File after needful be consigned to record room.”

4. For the sake of convenience, parties to the present lis, are, hereinafter, referred to, in the same manner, in which, they were referred to, by the learned trial Court.

5. Brief facts, leading to the filing of the present appeal, before this Court, may be summed up, as under:

5.1. Plaintiffs-Amar Singh and Jodh Singh have filed the suit for declaration to the effect that the plaintiffs are joint owners and in self cultivating and peaceful possession of an agricultural piece of land, measuring 8 bighas, comprised in khata No. 16, khatauni No. 16, khasra Nos. 21, 164, 177 and 255, as per the jamabandi for the year 1989- 90, situated in Mauja Tarer, Tehsil Sadar, District Bilaspur, H.P. (hereinafter referred to as the ‘suit land’), as successors, being Class-I heirs, of the estate of their deceased mother, Smt. Bishani alias Banti alias Basanti.

5.2. The plaintiffs have also sought declaration to the effect that the revenue entries, pertaining to the mutation of inheritance of the estate of deceased mother of the plaintiffs, in favour of defendant No. 1, vide mutation No. 92, purportedly sanctioned on 25th March, 1 963, and subsequent revenue entries be declared as paper entries and result of well planned conspiracy and fraud, committed on 23rd May, 1973, by defendant No. 2, the adoptive father of defendant No. 1, in connivance with the revenue officials and one Nand Lal, who falsely projected himself to be Lambardar Deh.

5.3. The plaintiffs have also sought the declaration qua the revenue entries, not binding upon the rights of the parties, with consequential relief of permanent prohibitory injunction, restraining the defendants from interfering with the peaceful and cultivating possession of the suit land, in any manner.

5.4. It has been averred in the plaint that the plaintiffs are the Kanait Rajput by caste. The family tree of the plaintiffs has been reproduced, in the plaint, which reads as under:

5.5. It is the case of the plaintiffs that Smt. Bishani alias Banti alias Basanti (hereinafter referred to as ‘Bishani’), was married to Sh. Gokul, s/o Sh. Sadhu Ram, r/o Village Tarer. Said Sh. Gokul died issueless, in the year 19