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MANJARI NEHRU KAUL
Sher Singh Since Deceased Through His Lrs – Appellant
Versus
Mewali – Respondent
JUDGMENT
Manjari Nehru Kaul, J. (Oral) - CM-9074-C-2018 in RSA-3417-2018
1. Prayer in the application is for impleading the legal representatives of appellant Sher Singh who has died on 11.02.2016.
2. For the reasons mentioned in the application, the same is allowed and the persons mentioned in para No.2 are impleaded as legal representatives of appellant Sher Singh.
Main Case
3. This order shall dispose of the above referred two appeals as the parties involved in both the appeals are same and the issue is identical. For the sake of convenience, facts are being extracted from RSA-3417-2018.
4. Suit filed by the appellant/plaintiff seeking decree of mandatory injunction, restraining the respondents/defendants not to interfere in the use and occupation of land measuring 32K-0M Khewat No.218min/206, Khatoni No.313 as per jamabandi for the year 2001-02 which was converted in Khewat No.242, Khatoni No.326 in the jamabandi for the year 2006-07, situated in village Asawari (hereinafter referred to as 'the suit land') was dismissed and the counter claim filed by the respondents/defendants was allowed by the Trial Court vide order dated 25.09.2014. The appeals preferred by the appellant/plaintiff
Second appeal under Section 100 CPC requires substantial question of law; findings on title and possession upheld where no perversity shown.
Non-occupancy tenancy rights are inheritable under the Hindu Succession Act, contradicting earlier rulings that deemed them non-heritable.
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