JAGTAR SINGH AND ORS. Vs. IND KAUR

JUDGEMENT

(1.) The Defendants are in second appeal against the judgment and decree of both the Courts below by which suit filed by the Plaintiff for declaration that the judgment and decree dated 05.2.1977 allegedly suffered by Surjan Singh in favour of the Defendants, is illegal and not binding upon his rights, has been decreed.

(2.) A few skeletal facts necessary to unfold the controversy between the parties can be gathered from the pedigree table which is reproduced below:

(3.) It is alleged by the Plaintiff that she is the daughter of Surjan Singh (since deceased), who was owner of land measuring 57 kanals 01 marla, situated in village Panjawa and 13 kanals 09 marla in village Bainka. Surjan Singh had lost his eye sight about six years prior to his death and his physical condition was feeble. He had brought his grandson Jarnail Singh son of the Plaintiff to his house in village Panjawa, where the Plaintiff also came and started residing with him. The Plaintiff is the only heir of Surjan Singh, who had died about 4-1/2 months prior to the filing of the suit, but the Defendants who are the sons of Kundan Singh, obtained a decree from Surjan Singh by impersonating him in the Court, whereas the Defendants have nothing to do with the property of said Surjan Singh as they do not constitute a Joint Hindu family with him.