HARDITTA Vs. SUCHA SINGH

JUDGEMENT

(1.) This is a plaintiffs' appeal against a judgment and decree of the Senior Subordinate Judge allowing an appeal and modifying a decree of the trial Court, to the extent that the plaintiffs were given a decree for joint possession of one-half of the suit land.

(2.) The relationship of the parties will be clear from the pedigree-table which is as fol-lows: HARI SINGH _______________________________|________________________________ | | | Mehtab Singh Punjab Singh Dilbar Singh _____________|________ | ______|_____ | | | | | | Gandhi died Hazara Singh Jaimal adopted son Basawa Basawa (adopted Sundar died Issueless | | =Widow Mat, Sukban by Punjab Singh) Issuless | Rora dled (ber esiate is in | issucless dispute) | | | Dewa Singh ______|__________________________________________________ | | | | Narain Hira Waryama Pltff. No. 4 Bhola ____|_________ | _______|________ | | Ishar Pltff. No.

(3.) | | Sucha Harditts Pltff Ujagar Singh Pltff. Jangir Singh Pltff. | No. 1. No. 6. No. 5. Bagga Singh Pliff. No. 2 3. Basawa son of Didar Singh was adopted by Punjab Singh. On the death of Basawa the property was mutated in the name of his son Dewa Singh and on his dying childless without leaving a widow, the property was mutated in the name of Mt. Sukhan, the widow of Basawa. Mt. Sukhan made a will on the 30th November, 1936, in favour of her daughters Mt. Jiwani and Mt. Punjab Kaur who are thus the sisters of the last male-holder. Mt. Sukhan mortgaged the suit land to three persons who are the original defendants in the suit. On the 1st of May. 1944, Mt. Sukhan died and her estate was mutated in the names of the plaintiffs by the Collector. The plaintiffs brought a Suit for possession of the land alleging that they were the owners of the land, that Mt. Sukhan had merely a life estate, that she had mortgaged the land with possession with the defendants but had no right to do so, and that the mortgage was without consideration and legal necessity.