JOGINDER KAUR Vs. KANWALPREET KAUR

JUDGEMENT

(1.) KULWANT Singh son of Gurcharan Singh was owner of the suit land. He was 30 years of age when he died in an accident on 31.1.1995. Kanwalpreet Kaur and Navdeep Kaur claiming themselves to be the widow and daughter of Kulwant Singh filed suit, out of which the present appeal has arisen, against Joginder Kaur (mother of Kulwant Singh) and others for declaration to the effect that they are co-sharers in possession of suit land and Joginder Kaur has no right or interest whatsoever. Plaintiffs also sought decree for permanent injunction restraining Joginder Kaur etc. from alienating the suit land in any manner. In the alternative, they sought a decree for joint possession of the suit land.

(2.) IN brief, the case of the plaintiffs was that being widow and daughter of Kulwant Singh, they have succeeded to the estate of Kulwant Singh and thus, are entitled to joint possession of the suit land. On the other hand, the case of the defendants was that the marriage of Kulwant Singh with Kanwalpreet Kaur was not valid inasmuch as her marriage with him was during the subsistence of first marriage of Kulwant Singh with one Devinder Kaur. They alleged that the marriage of Kulwant Singh with Devinder Kaur had not been dissolved by any decree of divorce and, therefore, Kanwalpreet Kaur, plaintiff, has no right or title to the property of Kulwant Singh. Defendants also set up Will dated 16.6.1990 allegedly executed by Kulwant Singh in favour of Joginder Kaur.

(3.) IN this second appeal, learned counsel appearing on behalf of Joginder Kaur (appellant herein) has challenged the judgment of the first appellate Court only to the extent whereby Devinder Kaur has been held not to be wife of Kulwant Singh.