HAZURA SINGH Vs. TEJ KAUR

JUDGEMENT

(1.) This is plaintiff-appellant's appeal against the judgment of the Addl. District Judge, Bhatinda, dated 26-3-1979. The learned Addl. District Judge, partially reversed the findings returned by the trial Court vide its judgment dated 21-9-1976.

(2.) Brief facts of the case are that the appellant Hazura Singh filed a suit on 13-10-1971 for possession in respect of land measuring 55 kanals 19 marlas situated at village Kanak Wal Chehlan. The case set up before the Courts below is that one Gangan Singh was owner in possession of the suit land land who died on 12-9-1966. Surmukh Singh father of Amar Singh (Respondent No. 1) died during the life time of Gangan Singh. The appellant set up a Will alleged to have been executed on 10-9-1966 by Gangan Singh. The plaintiff Appellants produced pedigree table which reads as under :

(3.) The appellant made further averment that Tej Kaur, Respondent No. 1, claimed herself to be the widow of Gangan Singh and took forcible possession of the land without any right. It was alleged that Tej Kaur was not the widow of Gangan Singh and she was never married to him and infact she was wife of one Ram Singh son of Hira Singh and had given birth to 5/6 children from the loins of Ram Singh Tej Kaur, respondent No. 1, alone contested the suit and the Court proceeded ex parte against rest of the respondents. She strongly denied the validity of any Will in favour of the appellant-plaintiff. It was further alleged that Gangan Singh died on 9-9-1966 and not on 12-9-1966. This fact alone would make a huge difference because the Will is alleged to be executed on 10-9-1966. She also strongly controverted the averment of the appellant plaintiff that he is the legal heir of Gangan Singh deceased.