Rajasthan High Court
Jaipal Singh vs Roshni Andors on 12 October, 2022
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 19123/2015
Jaipal Singh adopted son of Trilok Chand, R/o Lala Mandi, Tehsil
Buhana, District Jhunjhunu.
----Petitioner/Defendant No.1
Versus
1. Roshni W/o Ishwar Singh, R/o Sirohi Brahali, Tehsil Narnol,
District Mahendragarh.
----Respondent-Plaintiff
2. Reshmi W/o Ramchandra R/o Dunwas, Tehsil Mundawar,
District Alwar.
3. Pratap S/o Arjun Ram Jat.
4. Heera Lal S/o Arjun Ram Jat
All R/o Sirohi Brahali, Tehsil Narnol, District Mahendragarh.
5. Chand Kaur D/o Arjun Lal W/o Prasadi Mal
6. Bhawani D/o Arjun Ram W/o Rameshwar Lal
7. Rajkaur D/o Arjun Ram W/o Gyarsi Lal
All R/o Shekhpur , Tehsil Kotputli , District Jaipur
8. Lado W/o Nagar
9. Shishupal S/o Nagar
10. Ghotaram S/o Nagar
11. Kitab D/o Nagar
12. Santra D/o Nagar
13. Rajkaur D/o Nagar
14. Bhateri D/o Nagar
All R/o Lala Mandi, Tehsil Buhana, District Jhunjhunu.
15. Samjo D/o Gokulchand
16. Sajna W/o Ummed Singh
17. Mahesh S/o Ummed Singh
18. Rajesh S/o Ummed Singh
19. Manoj S/o Ummed Singh
All R/o Lala Mandi, Tehsil Buhana, District Jhunjhunu.
[CW-19123/2015]
20. Rajasthan State Through Tehsildar Khetri Jhunjhunu.
----Respondents/Defendants
For Petitioner(s) : Mr.Kuldeep Bhatia, Adv.
For Respondent(s) : Mr.Anand Sharma, Adv. with
Mr.Naman Deep Singh, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
12/10/2022
This writ petition has been filed by the petitioner-defendant
challenging the judgment and decree dated 05.07.2004 passed by
the Sub-Division Officer, Khetri, District Jhunjhunu in a suit filed
by the respondent No.1 seeking declaration/partition and
permanent injunction. The judgment and decree dated 05.07.2004
was challenged by the petitioner before the Revenue Appellate
Authority, Sikar Camp Jhunjhunu and the same came to be
decided and dismissed vide order dated 27.03.2006 and the
petitioner further challenged both these orders before the Board of
Revenue and the Board of Revenue has also dismissed the appeal
filed by the petitioner vide order dated 07.12.2015.
Learned counsel appearing for the respondent Mr.Anand
Sharma submitted that initially the interim order was passed by
this Court on account of the judgment passed by the Apex Court
in the case of Prakash and Ors. Vs.Phoolvati and Ors. reported
in (2016) 2 SCC 36, wherein it was held that amendment to
Section 6 of the Hindu Succession Act, 1956 was made in 2005
and the provision has a prospective right, wherein the daughters
of the Co-parcener have right in the co-parcenary property only in
the event of co-parceners death having occurred subsequent to
2005.
[CW-19123/2015]
Learned counsel submitted that the said judgment of the
Apex Court was referred to the Larger Bench and the Larger
Bench of the Apex Court in the case of Vineeta Sharma Vs.
Rakesh Sharma & Ors. reported in (2020) 9 SCC 1 overruled
the judgment passed in the case of Prakash and Ors.
Vs.Phoolvati and Ors. (supra) and now the Apex Court has
made it clear that the provision contained in substituting Section 6
of the Hindu Succession Act, 1956 confers status of co-parcener of
the daughter born before or after the amendment in the same
manner as son with the same rights and liabilities and further the
rights can be claimed by the daughter born prior to amendment
with effect from date of amendment 09.09.2005 with savings of
past transactions as provided in Section 6(1) and Section 6(5),
disposition, alienation or partition, which had taken place before
20.12.2004.
The Apex Court further held that since the right of
coparcenary daughter is by birth, it is therefore not at all
necessary that father of daughter should be alive as on
09.09.2005.
Learned counsel for the petitioner does not dispute the legal
position.
This Court accordingly finds that in view of the judgment
passed by the Apex Court in the case of Vineeta Sharma Vs.
Rakesh Sharma & Ors. (supra) the present writ petition is
devoid of any force and the same is dismissed.
Interim order shall stands vacated.
(ASHOK KUMAR GAUR),J
Monika/32
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