ATMA SINGH Vs. GURMEJ KAUR

JUDGEMENT

(1.) This appeal has been filed against the judgment of the Punjab & Haryana High Court dated 14.07.2009 by which the High Court has dismissed the Regular Second Appeal filed by the appellant.

(2.) The facts of the case are not in dispute and lie in a very narrow compass. The appellant has filed Civil Suit No. 220 of 2001 for a declaration that the plaintiff is the owner and in joint possession of the half share of the land owned by Pal Singh deceased son of Narain Singh. Narain Singh had three sons namely Atma Singh, the appellant, Mohan Singh, respondent No.5 and Pal Singh. The defendant No.1, Gurmej Kaur was wife of Narain Singh. Narain Singh, who was the owner of land in dispute died in the year 1952 intestate. He left behind his above three sons and wife Gurmej Kaur. Gurmej Kaur immediately after death of Narain Singh remarried with one Inder Singh. Pal Singh, son of Narain Singh died in the year 1972 intestate. He was not married and so had no children. Estate of Pal Singh was mutated in favour of Gurmej Kaur, his mother. Thereafter, Suit No. 220 of 2001 was filed by the appellant. The Trial Court dismissed the suit holding that defendant No. 1, Gurmej Kaur being the real mother of deceased Pal Singh and she being Class I heir shall succeed to Pal Singh after his death. The appeal was filed by the appellant, which too was dismissed on 07.02006, against which second appeal was filed. The High Court in its judgment reaffirmed the decision of Court below. The High Court held that although after death of Narain Singh, Gurmej Kaur, on account of her re-marriage will loose right in estate of Narain Singh but have every right to inherit the estate of her son, Pal Singh in terms of Section 8 of the Hindu Succession Act, 1956. The plaintiff appellant aggrieved by the judgment of the High Court have come up in this appeal.

(3.) Learned counsel for the appellant in support of the appeal contends that after re-marriage, Gurmej Kaur loses her right to inherit the property of Narain Singh as well as his lineal descendants. Hence she was not entitled to inherit the estate of Pal Singh. It is submitted that Courts below did not advert to The Hindu Widow's Re-Marriage Act, 1856, which clearly dis-entitle the defendant No.1 to inherit the estate of Pal Singh. It is submitted that in the year 1972 when Pal Singh died, the Hindu Window's Re-Marriage Act, 1856 was in force and defendant No.1 was not entitled to inherit the property of Narain Singh i.e. property of father of the deceased but was entitled to inherit the estate of Pal Singh.