BALTEJ SINGH Vs. HAMIR KAUR

JUDGEMENT

(1.) THIS Regular Second Appeal is directed by the plaintiff against the judgment and decree dated 20.8.1980 whereby his appeal was dismissed and the judgment and decree of the trial court passed by Sub Judge II Class, Sangrur, dated 9.11.1978, whereby his suit for possession of land measuring 107K-3M situated in the revenue estate of village Mander Khurd was dismissed with costs, was confirmed.

(2.) BRIEFLY stated, the facts are that Ginda Singh @ Gobind Singh s/o Chand singh resident of village Mander Khurd was the owner of land measuring 107K-3M situated in the revenue estate of village Mander Khurd. Smt. Hamir Kaur, respondent, it his widow. Ginda Singh had two sisters, namely, Bachan Kaur and Sham Kaur. Baltej Singh, appellant, is the son of Bachan Kaur i.e. sister's son of Ginda Singh. Ginda Singh had no child of his own.

(3.) THE respondent contested the suit and filed written statement on 5.8.1974. She controverted the allegations of the appellant and stated that her husband, Ginda Singh, never kept Baltej Singh, appellant, with him nor, he ever considered him as his heir. She further stated that the Ginda Singh did not perform the marriage of Baltej Singh and Baltej Singh always resided in his own Village Thikriwala and never resided at Mander Khurd. She further stated that Baltej Singh never served Ginda Singh. She next stated that Ginda Singh had not executed any will in favour of Baltej Singh and the alleged will was a fake document, so she prayed that the suit be dismissed.