DALIP KAUR Vs. RAM KISHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22.09.2004 passed by the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal No. 551 of 1982. The appellants herein are the original defendants. Respondent no.1 in this appeal, namely, Ram Kishan (now dead and represented through his legal heir) filed a suit for possession as the owner of the 1/3rd share of the suit property against the contesting defendant Nos. 1 and 2 (appellants herein). The trial Court decreed the suit. The first appellate Court reversed the judgment and decree of the trial Court and dismissed the suit. The High Court set aside the judgment of the first appellate Court and affirmed the judgment of the trial Court. Consequently, the suit came to be decreed by the High Court.

(2.) Brief facts leading to this appeal are as under: Harnam Singh was the original owner of the property. He died on 111.1934, leaving behind his wife Prem Kaur and three daughters, namely, Basant Kaur, Dalip Kaur and Raj Kaur. After the death of Harnam Singh in the year 1934, Prem Kaur succeeded to the property in question as per the prevailing custom in the area. She executed a gift deed on 19.09.1951 in favour of three daughters, namely, Basant Kaur, Dalip Kaur and Raj Kaur to the extent of 1/3rd each. Basant Kaur, the first daughter of Harnam Singh and Prem Kaur expired on 25.03.1975, leaving behind her husband - Ram Kishan s/o Telu. Basant Kaur had executed a will in favour of her husband - Ram Kishan. Based on the said will, he filed a suit for possession of 1/3rd share in the property.

(3.) There is no dispute with regard to the relationship between the parties. The only question to be decided in this appeal is, as to whether the trial Court and the High Court are justified in concluding that Basant Kaur was entitled to 1/3rd share in the property of Prem Kaur, and consequently, as to whether the plaintiff being the husband of Basant Kaur is entitled to the said 1/3rd share.