Advocates:
E. C. AGRAWALAT. V. RATNAM

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JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL

APPEAL

NO.

5343

OF

2012

(Arising out of SLP (C) No. 36006 of 2010

Bhau Ram

.... Appellant (s)

Versus

Janak Singh & Ors.

.... Respondent(s)

J U D G M

E N T

P.

Sathasivam,

J.

1)

Leave granted.

2)

This appeal is directed against the final judgment and

order dated 20.09.2010 passed by the High Court of Himachal

Pradesh at Shimla in R.S.A. No. 501 of 2009 whereby the High

Court dismissed the appeal filed by the appellant herein.

3)

Brief facts:

(a)

One Shanker Lal owned and possessed several lands in

District Shimla including the land in question. Originally the

land in question was owned by Smt. Lari Mohansingh @

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JUDGMENT

Madna Wati and was in occupation of Shankar Lal as a

tenant. After coming into force of the Himachal Pradesh

Abolition of Big Landed Estates and Land Reforms Act, 1953,

Shanker Lal, moved an application on 21.01.1957, for

proprietary rights under Section 11 of the said Act before the

Compensation Officer, Mahesu. In the meantime, Madna Wati

sold the suit land to Panu Ram (defendant No.2) on

22.10.1960. Defendant No.2 purchased the said land as

benami in the name of his wife Kamla Devi (defendant No.1),

who was a minor at that time. After the sale of suit land,

defendant No.1 through defendant No.2 was substituted as

respondents in place of Madna Wati in the application pending

before the Compensation Officer. During the pendency of the

application, Shanker Lal died on 07.06.1960 and after his

death, his wife Reshmoo Devi was substituted as his legal

representative.

Vide his order dated 31.08.1964, the

Compensation Officer allowed the application and granted

proprietary rights to Reshmoo Devi.

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JUDGMENT

(b)

Against the said order, Kamla Devi (defendant No.1)

preferred an appeal before the District Judge, Mahesu, who,

by his order dated 14.12.1966, dismissed the same.

(c)

During the pendency of the proceedings before the

Compensation Officer, one Raghunath Singh Thakur of Marina

Hotel, Shimla filed a Civil Suit No. 80/1 of 1962 in the Court

of Sub-Judge, Mahesu against Madna Wati and Kamla Devi

alleging that the suit land along with other land property was

mortgaged with him by Madna Wati and, therefore, she had no

rights to sell or transfer the suit land. The said suit was

decreed in favour of Raghunath Singh. Aggrieved by the said

order, they filed an appeal before the Judicial Commissioner,

Himachal Pradesh at Shimla and Reshmoo Devi also preferred

an appeal before the Judicial Commissioner, Shimla. Both the

appeals were transferred to the High Court of Himachal

Pradesh. The High Court allowed the appeal preferred by

Reshmoo Devi and set aside the order of the sub-Judge

Mahesu to the extent it affected her rights and further directed

her to seek remedy against Kamla Devi by a separate suit.

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JUDGMENT

(d)

During the pendency of the appeal before the High Court,

since the possession was forcibly taken from Reshmoo Devi,

she filed a suit for recovery of possession being Suit No. 61/1

of 1976 before the Sub-Judge (I), Shima which was decreed in

her favour on 25.03.1985.

(e)

Aggrieved by that judgment, Kamla Devi filed an appeal

before the sub-Judge, Ist Class, Shimla. During the pendency

of the appeal, Reshmoo Devi died on 25.09.1985.

An

application under Order XXII Rule 4 of the Code of Civil

Procedure, 1908 (in short “CPC”) was filed by the sister of

Reshmoo

Devi

for

bringing

her

on

record

as

legal

representative (L.R.). However, another application was filed

by Hira Singh and Attar Singh that they may be brought on

record as L.Rs of Reshmoo Devi on the basis of a Will.

(f)

Challenging the said Will, Bhau Ram, the appellant

herein, who was the nephew of Reshmoo Devi, filed an

application to implead him