Civil Law  - Eviction suit

Suit for eviction - By way of Mandatory injunction - Partition suit - Property of sister - Claim by legal heirs of brother - Sister suit was decreed and claim by legal heirs of brother partition suit was dismissed - Pending appeal sister died - She executed 3 will deeds - Appellant added as legal heir of deceased sister - 3 Will deeds not proved yet - Whether the appellant can get the fruits of the said decree and is competent to file the execution or not would depend upon her proving that she has inherited the suit property and is the sole owner thereof - Apex court held that we set aside that part of the judgment vide which appeal has been allowed partly and the parties are directed to file fresh suit with regard to the title over the suit property as stated in Paras 14 to 16 of the said impugned judgment - While setting aside that portion, we substitute it by the following directions: The Appeal No. 1175/2004 filed by the respondents before the High Court stands dismissed. At the same time the question as to who is the successor in interest of the deceased Jagadambal is left open as that was not the scope of the proceedings - It would be open to the appellant to claim that she has inherited the entire property, by filing execution of the said decree or by filing fresh suit, which ever is permissible in law - In those proceedings or independently it would be open to the respondents also to stake their claim of inheritance on the basis of succession or otherwise. Needless to mention, since there are three wills of the deceased Jagadambal, it would be for the court in appropriate proceedings, to determine as to which will is genuine and determine the rights of the person as per the will found to be genuine - Appeal allowed.

Topic(s)-Property Dispute