Smt. Gurdip Kaur and Another vs Shri Dalip Singh and Others

G.R. Majithia, J.—This revision petition is directed against the order of the learned Additional District Judge, Amritsar, dated May 18, 1988, whereby he refused to implead the petitioners as legal representatives of their father Jag Singh. The learned Judge has not understood the controversy in dispute. Harnam Kaur, who was recorded as owner of the property in dispute sold it to her sen Sampuran Singh. The other sob of Harnam Kaur, namely, Dalip Singh, filed a suit claiming the property as Joint Hindu Family property as it was purchased out of the funds furnished by the Joint Hindu Family and Harnam Kaur was only a benamidar and the real owner was the Joint Hindu Family. As admitted by the parties, Jag Singh was the husband of Harnam Kaur and father of Sampuram Singh and Dalip Singh Jig Singh was a party to the lis. Even if the property is treated as Joint Hindu Family property, the daughters are the hairs of their father with regard to his share in the Joiat Hindu Family property which will fall to his shara in a notional partition between the father and the sons The daughter are prima facie necessary parties to the litigation and they should have been brought on record as the legal representatives of deceased Jag Singh The application filed by the daughters, namely, Curdip Kaur and Dial Kaur is allowed. They are allowed to be impleaded as respondents. No order as to costs.

The parties through their counsel are directed to appear before the Additional District Judge, Amritsar on May 5, 1989.