R.S.A. No. 3039 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No. 3039 of 2009 Date of Decision: November 20, 2009 Mukhtiar Singh and another …..Petitioners Vs. Satpal and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. O.P. Nagpal, Advocate for the appellants. -.- M.M.S. BEDI, J. (ORAL) This is defendants’ appeal against the judgment of reversal. The trial Court had dismissed the suit of plaintiff- Satpal seeking a declaration that plaintiff alongwith defendants No.10 and 11 is owner to the extent of 1/4th share in the property left by his father. The lower Appellate Court has partly reversed the finding of the trial Court and decreed the suit of the plaintiff- respondent holding that the plaintiff- respondent is owner to R.S.A. No. 3039 of 2009 [2] the extent of 12/66th share alongwith his three brothers and mother and that the six sisters of the plaintiff are also owner to the extent of 1/66th share. Counsel for the appellants has contended that the suit of the plaintiff- respondent Satpal had been held to be barred by limitation by the trial Court but the lower Appellate Court has wrongly held that there is no limitation in cases where inheritance is claimed, relying upon Mohinder Singh Vs. Kashmira Singh, 1985 PLJ 82. I do not find force in the contention of counsel for the defendant- appellants that the suit of the plaintiff- respondents was barred by limitation as the plea of limitation cannot be raised in this case against the plaintiff- respondent Satpal as he had merely sought his legal rights as one of the natural heirs of Nanak Singh. Ratio of the rulings of Mohinder Singh’s case (supra) would be applicable. Counsel for the appellants has contended that even if it is presumed that the property of Nanak Singh is to be distributed amongst his natural heirs on the basis of Hindu Succession Act, the share of defendants will be more than 12/66th share and that the calculation of the lower Appellate Court regarding determination of shares is not correct as the defendants are one of the 11 co-sharers and after the death of wife of Nanak Singh, the property of Nanak Singh will devolve to the extent of 1/10th shares in all his natural heirs. After hearing counsel for the appellants, I am of the opinion that no interference is warranted in the appeal. The suit of the plaintiff- respondent Satpal has been decreed disbelieving his plea that he has got a R.S.A. No. 3039 of 2009 [3] right to the extent of 3/4th share alongwith defendants No.10 and 11 and defendants no.12 to 14 to the extent of 1/4th share but the will has been disbelieved by both the Courts. Suit of the plaintiff- respondent will be deemed to have been decreed for declaration that he is co-owner alongwith the other natural heirs of Nanak Singh irrespective of the Will dated January 3, 1966. So far as the determination of an individual shares as per the Hindu Succession Act is concerned, all the natural heirs will inherit the property of Nanak Singh as per the Hindu Succession Act. Disposed of. November 20, 2009 (M.M.S.BEDI) sanjay JUDGE