UDHAM KAUR Vs. AJIT SINGH

JUDGEMENT

(1.) R.S.A. No. 82 of 1997 This Regular Second Appeal is directed against judgments and decrees dated 25.2.1991 and 12.12.1996 passed respectively by the Sub Judge 1st Class, Phillaur (hereinafter described as 'the trial Court') and the Additional District Judge, Jalandhar (referred to hereinafter as 'the first appellate Court').

(2.) Bhagwant Kaur widow of Gurnam Singh filed a suit for possession pleading herself to be the owner of the suit property. She asserted in the plaint that initially, Gurnam Singh, her husband, was the owner of the suit property which was ancestral in nature; that he executed a sale deed dated 26.11.1965 in favour of Amar Singh and Bhajan Singh sons of Partap Singh, the predecessors-in-interest of the present appellants and respondent Nos.2 to 5, alienating the suit property measuring 16 kanals 17 marlas, which was converted to 17 kanals and 2 marlas after consolidation; and that the said sale was challenged by Darbara Singh, brother of Gurnam Singh by way of Civil Suit No. 715 of 1966 which was decreed. The essential challenge to the sale was that since Gurnam Singh did not have any male legal heir, the reversionary rights of Darbara Singh stood defeated by it. By virtue of the said decree, a declaration was given that the sale would not affect the reversionary rights of Darbara Singh and after the death of Gurnam Singh when the succession opened, he would be entitled to retrieve the suit property. An appeal was filed by Amar Singh and Bhajan Singh which was accepted partially and it was observed that the sale in dispute would not affect the reversionary rights of Darbara Singh after the death of Gurnam Singh except to the extent of depositing of Rs. 3225/- in cash. The vendees had actually paid Rs. 885/- to Darbara Singh, who was previous mortgagee and if the vendees did not pay the amount of Rs. 885/- to him, the sale in question would not affect his reversionary rights except to the extent of Rs. 2840/-.

(3.) In the instant suit, with the aforesaid background, it was pleaded by Bhagwant Kaur through Shri Ajit Singh son of Darbara Singh, respondent No. 1 in this appeal, that the decree dated 7.11.1967 as affirmed by the first appellate Court, was binding upon the appellants and respondent Nos. 2 to 5, who were the successors-in-interest of Amar Singh and Bhajan Singh. It was also pleaded that Gurnam Singh died on 22.6.1986 leaving behind Bhagwant Kaur as the only legal heir.