Delhi High Court
Neeta Bhardwaj & Ors. vs Kamlesh Sharma on 15 September, 2021
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:15.09.2021
21:40:07
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 15th September, 2021
+ FAO 36/2021 & CM APPLs. 2914/2021, 10442/2021, 10444/2021,
20904/2021, 23819/2021, 25868-70/2021, 25884-85/2021,
26495/2021 & 29121/2021
NEETA BHARDWAJ & ORS. ..... Appellants
Through: Mr. R.K. Bhardwaj, Advocate for
Appellant No.1. (M:9312710547)
versus
KAMLESH SHARMA ..... Respondent
Through: Mr. Rohit K. Naagpal, Mr. Dipanshu
Gaba and Mr. Akarshan Bhardwaj,
Advocates for R-1 to 4 & 6.
(M:9873730191)
Mr. Yogender Nath Bhardwaj,
Defendant No.1 in CS (OS) 642/2005.
(M:9810145319)
Mr. Yoginder Singh, Advocate for
Applicant - Mr. Shailender Kumar
Gautam in CM APPL.29121/2021
(M:9999735003).
Mr. Neeraj Bhardwaj, Advocate on
behalf of members of Thulla
Tansukh.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. This is a matter pertaining to the Kalkaji Mandir, and has been heard
by this Court from time to time.
3. Today, at the outset, Mr. Yogender Nath Bhardwaj, has appeared and
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:15.09.2021
21:40:07
handed over various orders passed by various Courts in respect of the
Kalkaji Mandir. It is his submission that he belongs to Thulla Bahadur and
there is a suit pertaining to the Kalkaji Mandir, pending before the original
side of this Court being CS (OS) 642/2005 titled Shri U.N. Bhardwaj v.
Shri. Y.N. Bhardwaj and ors., in which he is the Defendant. He seeks
liberty to appear before this Court on 24th September, the date already fixed
in these matters, to assist the Court. Liberty to appear is granted.
4. In the present appeal, parties belong to Thulla Jasram. The parties are
the heirs of late Shri Kali Charan, who, admittedly, was entitled to the share
of three pais in Thulla Jasram. It is stated by ld. Counsels that on the date of
the demise of Sh. Kali Charan, i.e., on 7th August, 1974, he left behind his
wife - Smt. Birmo Devi, and five daughters namely- Ms. Kamlesh Sharma,
Ms. Prem Lata, Ms. Shanti Devi, Ms. Kapoori Devi & Ms. Pushplata. The
case of the Appellants/Defendants (hereinafter, "Defendant") is that they
are the wife and children of Shri Ajay Sharma, the adopted son of Smt.
Birmo Devi, as per the registered adoption deed dated 15th November,
1978.
5. Respondent No. 1/Plaintiff (hereinafter, "Plaintiff"), is Smt. Kamlesh
Sharma, who is the daughter of Late Shri Kali Charan. The impugned order
is related to the bari, which commenced on 23rd January, 2021 and was on
till 23rd February, 2021. For the said bari, orders were passed by this Court
on 1st February 2021, appointing a Local Commissioner to ascertain the
situation of the Mandir, and on 5th February 2021, appointing Court
Receivers in the matter. The deposits, in respect of the said bari, were
directed to be made with the Registrar General of this Court for some part of
the month. The accounts in respect of the said month are yet to be settled as
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:15.09.2021
21:40:07
the share of the parties, in respect of the bari, is vehemently disputed. It is
also the case of the Plaintiff that the Defendants have not rendered proper
accounts for the period during which they exclusively collected all the
offerings and donations in the Mandir.
6. The Defendants' case is that late Mr. Ajay Sharma is the adopted son
and his legal heirs are accordingly entitled to 1/6th share, from the share of
late Shri Kali Charan. However, the Plaintiff's case is that on the date of
demise of late Shri Kali Charan, since the Defendant, who is the natural born
son of Smt. Kapoori Devi, had not yet been adopted by Smt. Birmo Devi, he
is entitled to only to 1/36th share. The Plaintiff further submits that it is only
subsequent to the death of late Shri Kali Charan, that the adoption was
effected, and hence the rights of the Plaintiff, which devolved upon the
death of Shri Kali Charan, cannot be diluted by a subsequent adoption of the
Defendant by Smt. Birmo Devi.
7. This issue has not yet been decided by the Trial Court. The Trial
Court, vide its judgment dated.16th January 2021, has primarily held that the
Plaintiff- Smt. Kamlesh Sharma, though being a female heir of Shri Kali
Charan, is entitled to nominate a person to conduct the puja sewa on her
behalf, and to get a 1/6th share from the share of late Shri Kali Charan in the
bari.
8. The impugned order of the trial court has been challenged by the
Defendant, as also by the Plaintiff by way of cross objections.
9. Mr. Naagpal, ld. Counsel for the Plaintiff, submits that he is appearing
for Smt. Kamlesh Sharma, for legal heirs of Smt. Prem Lata and Smt. Shanti
Devi, and also for Smt. Pushplata. Let affidavits in respect of these parties
be placed on record before the next date.
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:15.09.2021
21:40:07
10. Since the question of the shares of Smt. Prem Lata, Smt. Shanti Devi,
Smt. Kapoori Devi as also Smt. Pushplata was not gone into by the trial
court, at this stage, without further documents on record and the said parties
joining the proceedings and confirming the fact that they support the case of
Smt. Kamlesh Sharma, this Court cannot pass any orders in respect of their
shares. However, insofar as the Plaintiff and the Defendant are concerned,
since the trial court has held that the Plaintiff- Smt. Kamlesh Sharma is
entitled to a 1/6th share of late Shri Kali Charan's share in the bari, issues
have arisen for consideration of this Court in view of the forthcoming bari
which commences from tomorrow i.e., the midnight of 16th/17th September
2021, and ending on 15th/ 16th October 2021,
11. In view of the averments made by the parties, as also the order passed
by this Court on 5th February 2021, for this specific period i.e., from 16th/17th
September 2021 - 15th/16th October 2021, during which the navratras are
also being celebrated at the Kalkaji Mandir, with the consent of the parties,
the following directions are issued:
i. Smt. Kamlesh Sharma may appoint any male representative for
conducting puja sewa, on her behalf. The remaining daughters of late
Shri Kali Charan - Smt. Prem Lata, Smt. Shanti Devi, Smt. Kapoori
Devi and Smt. Pushplata, or their legal heirs, as the case may be,
would also be entitled to appoint their respective male representatives
for conducting puja sewa on their behalf. The legal heirs of late Shri
Ajay Sharma - the Defendant, shall also be entitled to conduct puja
sewa;
ii. For the time being, the share of late Shri Kali Charan, shall be divided
amongst the legal heirs of late Shri Ajay Sharma, Smt. Kamlesh
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:15.09.2021
21:40:07
Sharma, Smt. Pushplata and the legal heirs of Smt. Prem Lata, Smt.
Shanti Devi & Smt. Kapoori Devi as 1/6th each. At this stage
however, since it is not clear whether all the other daughters/their
heirs except the Plaintiff and defendant are represented before this
Court and as to what is their stand, the amounts collected in the
Mandir shall not be distributed to all of them.
iii. All the amounts collected by way of offerings, donations, etc., shall
all be collected in the locker, in the pujari's room, i.e., the kuthiyar.
The same shall be divided between the Plaintiff- Smt. Kamlesh
Sharma and the Defendants - legal heirs of Shri Ajay Sharma, in the
share of 1/6th each side and the remaining 4/6th share of the other four
daughters i.e., Smt. Prem Lata, Smt. Shanti Devi, Smt. Kapoori Devi
and Smt. Pushplata shall be deposited with the Registrar General of
this court, in the presence of the Local Commissioner, Ms. Manmeet
Arora.;
iv. The Local Commissioner- Ms. Manmeet Arora, shall visit the Mandir
for dividing the offerings amongst the parties, as held above, every
Monday, during the entire period of the bari, at around 5:30 P.M. The
fee of the Local Commissioner is fixed at Rs. 50,000/- per visit to the
Kalkaji Mandir. The said fee shall be paid by both the Plaintiff and
the Defendant shared equally.
v. Insofar as the distribution of the articles/items which are received in
kind are concerned, 1/6th share each, in respect thereof, shall be
distributed in the presence of the LC to the Plaintiff and the
Defendant. Insofar as the remaining 4/6th share is concerned, some
monetary value shall be attributed to it and the same shall be
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:15.09.2021
21:40:07
deposited with the Registrar General of this Court.
vi. The disbursal of the shares and monies, as also articles/items, in
favour of the Plaintiff and the Defendant, in pursuance of the present
directions, would be subject to any further orders that may be passed
by this Court.
12. At this stage, Mr. Kamal Kant Bharadwaj, ld. Counsel, who also
belongs to the family of Late Shri Ram Aasray, submits that their family has
a share of three pais in the Kalkaji Mandir in this bari, for Thulla Jasram.
Considering the age of the members of the said family, he prays that the said
members may be permitted to nominate any other male member for
performing the puja sewa in the said bari. This is not objected to by either of
the parties. Accordingly, permission is granted.
13. List on 24th September, 2021 at 2:30 p.m., the date already fixed.
This is a part heard matter.
PRATHIBA M. SINGH
JUDGE
SEPTEMBER 15, 2021/dk/aman/Ak
