High Court Of Himachal Pradesh
RUMA PAL,DALVEER BHANDARI
GURDEV KAUR - Appellant
Versus
KAKI - Respondent
Civil Appeal No. 2083 of 2006(Arising Out of S.L.P. (C) No. 20797 of 2003
Decided On : 05/18/2006
Section 100, C.P.C. - Property Dispute - Hindu Succession Act, 1956 - Section 100, C.P.C.
Fact of the Case:
The case involved a property dispute related to the validity of a Will under the Hindu Succession Act, 1956. The deceased had two wives and daughters from both wives. The dispute arose regarding the mutation of inheritance of the deceased's property in favor of his second wife.
Finding of the Court:
The High Court set aside the concurrent findings of facts of the Courts below, predominantly on the ground that a prudent man would have bequeathed the property in favor of his legal heirs. The Court's role is limited to examining whether the instrument propounded as the last Will of the deceased is or is not that by the testator and whether it is the product of the free and sound disposing mind.
Issues: The issues involved the validity of the Will, mutation of inheritance, and the rights of the legal heirs under the Hindu Succession Act, 1956.
Ratio Decidendi: The Court emphasized that the High Court's interference with the findings of facts arrived at by the trial Court and affirmed by the first appellate Court was not justified. The Court's role is limited to examining the authenticity of the instrument propounded as the last Will and whether it is the product of the free and sound disposing mind.
Final Decision: The judgment of the High Court was set aside, and the appeal was allowed with costs.
Dalveer Bhandari, J - Leave granted.
2. Judges must administer law according to the provisions of law. It is the bounden duty of Judges to discern legislative intention in the process of adjudication. Justice administered according to individuals whim, desire, inclination and notion of justice would lead to confusion, disorder and chaos.
3. Indiscriminate and frequent interference under Section 100, C.P.C. in cases which are totally devoid of any substantial question of law is not only against the legislative intention but is also the main cause of huge pendency of second appeals in the High Courts leading to colossal delay in the administration of justice in civil cases in our country.
4. Despite declaration of law in numerous judgments, it is evident that the scope and ambit of Section 100, C.P.C. has not been properly appreciated and applied in a large number of cases. We are, once again making a serious endeavour to discern legislative intention, ambit and scope of interference under Section 100, C.P.C. We plan to carry out this exercise by critically examining important judgments decided before and after 1976 amendment in the Section 100, CPC. This effort is made with the hope that in future the High Courts would decide according to the scope of Section 100, C.P.C. and this Court may not be compelled to interfere with the judgments delivered under Section 100, C.P.C. Brief Factual Background
5. This appeal is directed against the judgment of the Punjab and Haryana High Court dated 1-8-2003 passed in Civil Regular Second Appeal 885 of 1983. By this judgment the High Court has set aside the concurrent findings of facts of the Courts below. The High Court consequently cancelled the mutation of the property belonging to the deceased-Chanan Singh in favour of his wife Bhagwan Kaur and directed that the property be mutated in favour of the heirs of the deceased-Chanan Singh in accordance with the Hindu Succession Act, 1956. This Court on 3-11-2003, while issuing notice on the Special Leave Petition, directed the status quo be maintained in the meantime. Now this appeal has been placed before us for final adjudication. 6.-7. Brief facts, which are necessary to dispose of this appeal, are recapitulated as under: The case relates to the validity of the Will of the deceased-Chanan Singh. The relationship between the parties is as follows. The deceased-Chanan Singh, s/o Hira Singh died on 6-2-1969. He had two wives. The first wife was Sham Kaur, who died before Chanan Singh and the second wife was Bhagwan Kaur. From the first wife Sham Kaur he had two daughters Kaki and Har Kaur also died on 29-9-1984. Kaki and Har Kaur are the plaintiffs in the Civil Suit filed before the Subordinate Judge, 1st Class, Barnala.
8. Bhagwan Kaur also had three daughters - Dalip Kaur, Gurdev Kaur and Mukhtiar Kaur. Chanan Singh-deceased did not have a son either from Bhagwan Kaur or from Sham Kaur. The plaintiffs-Kaki and Har Kaur filed a suit for joint possession of the property of deceased-Chanan Singh. It is not disputed that the deceased-Chanan Singh had two wives Bhagwan Kaur and Sham Kaur. According to the plaintiffs-Kaki and Har Kaur, the deceased-Chanan Singh did not execute any Will out of his free will because he was not in a position to protect his own welfare and in fact he was not in a position to protect his own welfare and in fact he was not in a position to execute any Will at all.
9. Chanan Singh died on 6-2-1969 in Barnala and the defendant-Bhagwan Kaur got the mutation of inheritance of Chanan Singh sanctioned from the concerned authority on the basis of the alleged Will dated 18-1-1969. The case of the plaintiffs is that they never received any notice about the sanctioning of mutation and this has been carried out by defendant-Bhagwan Kaur in connivance with the revenue authorities.
10. According to the plaintiffs the parties are governed by the Hindu Succession Act, the plaintiffs were entitled to 1/3rd share in the inheritance of
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