BAKHTAWAR SINGH Vs. SADA KAUR

JUDGEMENT

(1.) This is an appeal by the unsuccessful plaintiffs whose suit for declaration to the effect that they are in possession as owners of 2/3 share in the estate of the husband respondent No. 1 was dismissed by the Sub-Judge, 1st Class, Muktsar as barred by limitation by his judgment and decree dated May 17, 1982 which has been affirmed by the First appellate Court and the High Court.

(2.) The land in suit is the ancestral land originally belonging to Gulab Singh who died leaving behind him his five sons, namely, Sampuran Singh, Jeet Singh, Dalip Singh, Chand Singh, and Bakhtawar Singh, The defendant respondent herein was married to Dalip Singh, Dalip Singh died in the year 1932 thereafter the respondent Sada Kaur contracted 'Karewa' marriage with Chand Singh the younger brother of her deceased husband Dalip Singh.

(3.) The plaintiffs appellants who are two sons of late Gulab Singh filed a declaratory suit on 19-1-1982 by contending that they were in possessions as owners of 2/3 share in the estate of Dalip Singh, the late husband of defendant/respondent No. 1 and that the defendant/ respondent No. 1 had forfeited her right in the estate of her deceased husband on account of marriage, by virtue of the prevalent custom amongst them and the plaintiffs being the reversionaries were entitled to inherit the same. The said suit of the plaintiffs was dismissed on June 18, 1993 on the findings that the defendant respondent No. 1 did not forfeit her right on her remarriage with the younger brother of her late husband. But the appeal filed by plaintiffs against the said judgment and decree was allowed on August 7, 1983 reversing the judgment and decree passed by the Trial Court.