RSA No.3460 of 2004 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.8412-C of 2004 & RSA No.3460 of 2004 Decided on : 29.10.2009 Om Parkash & others ... Appellants versus Sat Narian & others ...Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. Hari Om Sharma, Advocate for the appellants. Mr. Arvind Singh, Advocate for respondent No.2. **** 1.Whether Reporters of local newspapers may be allowed to see the judgment? 2.To be referred to the reporters or not? 3.Whether the judgment should be reported in the Digest? AJAY TEWARI, J. (ORAL) This order shall dispose of RSA Nos.3460 & 3461 of 2004 as common questions of facts and law are involved. CM No.8411-C of 2004 For the reasons mentioned in the application, same is allowed. Persons mentioned in para No.3 are directed to be impleaded as legal representatives of deceased Tek Ram subject to all just exception. Registry is directed to make necessary corrections in the memo of parties. RSA No.3460 of 2004 -2- RSA No. 3460 of 2004 This appeal has been filed against the judgment and decree of the ld. Lower Appellate Court reversing that of the Trial Court and holding that respondents-Sat Narian & Ram Dhari had inherited the property of Brahma Nand. The primary reason which weighed with the ld. Lower Appellate Court was that admittedly the property of Kurra (the closest agnate of Brahma Nand) was inherited by Sat Narian and Ram Dhari and the appellants never raised any challenge thereto. Once no challenge was raised to the inheritance of the property of Kurra, it would have to be held that the property of Brahma Nand would also go by the same route to the respondents i.e. Sat Narian & Ram Dhari. The following questions have been proposed: i) Whether the impugned judgment and decree are based on conjectures and surmises and are against the facts and evidence on record? ii)Whether the judgment and decree are based on misreading of evidence on record? iii)Whether no just or proper issues have been framed by the ld. Courts below? iv)Whether Hindu Succession Act, 1956 will apply to the estate of a person dying before the enforcement of the Hindu Succession Act, 1956? v)Whether a Hindu dying without issues can execute a valid will in favour of some of the co-parcener ignoring other co-parcener? RSA No.3460 of 2004 -3- It would be seen that questions No.(i) to (iii) are pure questions of fact. Learned counsel for the appellants has not been able to persuade me that the findings recorded are either based on no evidence or are based on misreading of evidence which renders them so perverse as to be liable for interference under Section 100 of CPC. As regards question No.(iv), there is no doubt that the Hindu Succession Act, 1956 could not apply retrospectively but even prior to the enforcement of the Hindu Succession Act, the closest agnate had preferential right to inherit the property of a Hindu who died issueless. With regard to question No.(v) also, there is no law which bars a Hindu who died issueless to execute a Will in favour of one co-parcener ignoring others. Consequently, this appeal and application for delay are dismissed. October 29, 2009 (AJAY TEWARI) sonia JUDGE