LAWS(P&H)-2011-5-169

HARPAL KAUR Vs. RAJ JOGINDER SINGH AND OTHERS

Decided On May 27, 2011
Harpal Kaur Appellant
V/S
Raj Joginder Singh And Others Respondents

JUDGEMENT

(1.) Plaintiff-Harpal Kaur, having been non-suited by both the Courts below, has come up by way of instant second appeal.

(2.) Plaintiff-appellant filed suit seeking declaration that she is owner in possession of the suit land in view of Will dated 10.11.1980 executed by her father-in-law Bakhtawar Singh, who died on 01.11.1985. Defendant No. l is husband of the plaintiff-appellant and is son of deceased Bakhtawar Singh. However, inheritance mutation of the deceased was sanctioned in favour of his widow Bhagwan Kaur and defendant Nos. l to 3 and Gurdev Kaur mother of defendant Nos.4 to 6 i.e. on the basis of natural inheritance. Defendants failed to defend the suit and were proceeded ex parte.

(3.) Learned Additional Civil Judge (Senior Division), Dabwali vide judgment and decree dated 22.10.2008 dismissed the plaintiffs suit. First appeal preferred by the plaintiff has been dismissed by learned Additional District Judge, Sirsa vide judgment and decree dated 14.01.2011. Feeling aggrieved, plaintiff has filed the instant second appeal.