LAWS(P&H)-2011-5-155

GURDEEP KAUR Vs. KULWINDER SINGH AND OTHERS

Decided On May 10, 2011
GURDEEP KAUR Appellant
V/S
Kulwinder Singh And Others Respondents

JUDGEMENT

(1.) The plaintiff had filed a suit for declaration that she was owner in joint possession of the suit land to the extent of half share.

(2.) The case of the plaintiff, in brief, was that the suit land measuring 203 kanals 6 marlas was jointly owned and possessed by Thakar Singh and Narinjan Singh in equal shares. Thakar Singh had died on 12.5,1986, The plaintiff being widow of Thakar Singh' had inherited half share out of the suit property belonging to Thakar Singh. Defendants No.1 and 2 had got a mutation sanctioned in their favour qua inheritance of Thakar Singh. The said mutation was illegal and was not binding on the rights of the plaintiff.

(3.) Defendants No.1 and 2, in their written statement, averred that Thakar Singh had died on 12.5.1986. It was denied mat the plaintiff was the 'widow of Thakar Singh. It was averred that the plaintiff had got married with Thakar Singh but had left his company as relations between them had become strained. Thereafter, the plaintiff had got married with someone else. Thakar Singh had executed a registered Will in favour of the answering defendants on 16.9.1983.