Romesh Verma, Judge (oral)

Whether approved for reporting?¹Whether reporters of the local papers may be allowed to see the judgment? Yes. Yes

The present appeal arises out of the judgment and decree, dated 26.02.2024, as passed by the learned Additional District Judge, Kinnaur, District at Rampur Bushahr, whereby the appeal preferred by the appellants/defendants was dismissed and the judgment and decree, dated 18.01.2023 as passed by the learned Senior Civil Judge, Rampur Bushahr, District Shimla, was upheld whereby, the suit as filed by the respondents/plaintiffs was decreed.

The brief facts of the case are that the present respondent No.1/plaintiff filed a suit for declaration and perpetual injunction in the Court of learned Senior Civil Judge, Rampur Bushahr, District Shimla, on 24.10.2016. It was averred that she is legally wedded wife of late Chandu Lal, who was employed as Gardener in Municipal Council Rampur. The marriage of the plaintiff and Chandu Lal was solemnized in the month of June 1967. Prior to marriage of Chandu Lal with the plaintiff, he was married to Smt. Ghrunku, daughter of Ratnu, resident of Village Dugiriuni (Pipti), Ward No.1, MC Rampur. Out of the wedlock of Ghrunku with Chandu Lal, two issues, namely Jai Chand and defendant No.4 Babli Devi were born. Marriage of Chandu Lal with Ghrunku did not survive for a long period and the same was dissolved in the year 1966 as their marriage had irretrievably broken down due to differences between them.

As per the plaintiff, after dissolution of marriage with Chandu Lal, Ghrunku got remarried to Takhu Ram, son of Tebnu, resident of Village Thanti in the year 1968. Out of the wedlock of Takhu Ram and Ghrunku, three issues i.e. defendants No. 1 to 3 were born, who have inherited immovable and movable properties of Takhu Ram after his death. On the other hand, out of the wedlock of plaintiff with Chandu Lal, though many issues were born, but only son, Rajinder @ Raju and daughter, Babli Devi, survived and other issues died at their infant stage. Chandu Lal died on 19.10.1978 at Rampur due to prolonged illness and all monetary benefits were released in favour of the plaintiff being his wife as per the entry recorded in the service book maintained during the course of his employment by the concerned Department and other legal heirs. Similarly, the plaintiff and other legal heirs were also entitled to inherit immovable property left by the deceased Chandu Lal in equal shares.

It was averred that after death of Chandu Lal, the plaintiff was provided government job on compassionate grounds and at present the plaintiff is getting pension after her superannuation. The plaintiff came to know about attestation of mutation No. 7338, dated 5.11.1980 qua inheritance of Chandu Lal in favour of his former wife, Ghrunku to the extent of 1/4th share in the month of August, 2016. Therefore, suit for declaration was filed before the learned trial court with a prayer that the plaintiff be declared owner in possession of the suit land comprised to the extent of 1/8th share measuring 00-05-03 hectares, out of the total land comprised in Khata Khatauni No. 42/91, Khasra No.35, 36, 37 measuring 00-40-28 hectares, situated in Mohal Odda, Tehsil Rampur, District Shimla, and to declare mutation No. 7338, dated 5.11.1980 attested by AC 2nd Grade Rampur qua Ghrunku as wife of Chandu Lal to be illegal, inoperative, null and void and inoperative and not binding on rights of the plaintiff. Further, entry qua the ownership to the extent of 1/8th share of Ghrunku was also sought to be declared as illegal, inoperative and not binding on the rights of the plaintiff.

The suit of the plaintiff/respondent No.1 was contested by the defendants No. 1 to 4/appellants by filing written statement, wherein various preliminary objections were raised including maintainability, cause of action, limitation. On merits, it was averred that no marriage was ever solemnized between the plaintiff and Chandu Lal especia