GULZARA SINGH NANTA SINGH Vs. TEJ KAUR

JUDGEMENT

(1.) IN order to understand the precise dispute, it is desirable to set out the pedigree -table of the parties: LEHNA SINGH __________________|_______________ | | Santa Singh Nanta Singh | ___________|__________ Ind Kaur, | | his widow, who Gulzara (Tej Kaur, contracted karewa Singh his widow). Gulzara with Nanta Singh his son. Singh was born from the loins of Nanta Singh and the womb of Ind Kaur.

(2.) NANTA Singh died on the 16th September 1955 and on his death Gulzara Singh defendant got the entire land belonging to the deceased mutated in his own name. The plaintiff claiming to be entitled to half the property left by Nanta Singh, instituted the present suit for possession of half share of the land and the houses in dispute. She further prayed for a declaration that she was also entitled to a sum of Rs. 5,000/ - lying deposited in the State Bank of India, Ludhiana, and the Post Office Saving Bank Ludhiana. A declaration was also claimed to the effect that the order dated 28 -2 -1958 granting succession certificate to the defendant was null and void as against the plaintiff. In the alternative, maintenance allowance was claimed at the rate of Rs. 100/ -per month and a decree for the recovery of Rs. 3,000/ - on account of past maintenance was also prayed for.

(3.) ON the pleadings of the parties, the following issues were framed: 1. Is the plaintiff widow of Nanta Singh deceased? 2. If issue No. 1 is proved, is the plaintiff not entitled to get possession of the land in suit? 3. Are the houses in suit part of the estate left by Nanta Singh deceased? 4. If issue No. 2 is decided against the defendant and issue No. 3 decided in favour of the defendant, is the plaintiff entitled to claiming maintenance from the defendant? If so, at what rate and from what date?