RAJINDER KAUR Vs. MANJIT KAUR AND OTHERS

JUDGEMENT

(1.) This judgment will dispose of two appeals No.1615 and 1732 of 1986.The following pedigree table will be helpful in understanding the facts of the case:-

(2.) Gurdev Singh was working as a clerk in the office of the Deputy Commissioner, Bathinda. Unfortunately, he died in an accident on 16.05.1982, leaving behind Smt Rajinder Kaur widow; Smt. Ajaib Kaur, step mother; Majit Kaur, Inderjit Kaur and Rupinder Kaur daughters, born from the womb of his predeceased Ist wife Smt Jagir Kaur. Gurdev Singh had a kothi No.183 A/36, measuring 400 sq.yards situated in Shant Nagar, Bhagu Road, Bathinda and some land situated in village Chak Kalyan (Mehraj). Mutation No.16242, Ex.P.3, was sanctioned on 30.6.1982 on the basis of inheritance by Assistant Collector Ist Grade in favour of Smt Ajaib Kaur, stepmother; Smt Rajinder Kaur, widow; Manjit Kaur, Inderjit Kaur and Rupinder Kaur, daughters; in equal shares, regarding the estate of Gurdev Singh deceased.Smt Rajinder Kaur plaintiff was present at the time of sanctioning of the mutation before the Assistant Collector Ist Grade, Bathinda. She was identified by the Revenue Patwari. On 13.9.1982, Smt Rajinder Kaur filed Revenue appeal No.114 before the Collector, Bathinda alleging that Smt. Ajaib Kaur was step mother of Gurdev Singh deceased and thus, was not entitled to inherit any share as she did not fall under class I heir of the deceased. For the first time she set up an unregistered will Ex.P.1 dated 2.8.1972 on 13.09.1982 in this revenue appeal. Vide order Ex.P.4, dated 5.11.1982, the learned Collector dismissed the appeal of Smt Rajinder Kaur and deleted the name of Smt Ajaib Kaur, step mother as legal heir of the deceased from the mutation of inheritance.

(3.) The daughters on one hand and the widow on the other hand filed civil suits against each other. The daughters filed lis on the basis of natural succession while the widow came forward with an unregistered will dated 2.8.1972 Ex.P.1.