AAS KAUR Vs. KARTAR SINGH & OTHERS

JUDGEMENT

(1.) This is an appeal filed by plaintiff-appellant. The facts giving rise to the present appeal are as under:- It would be useful to keep in mind the following pedegree table:- ...[VERNACULAR TEXT OMITTED]...

(2.) Relu Singh had two wives Sobhi and Raj Kaur. Raj Kaur was married to his brother Hira Singh who died in the year 1901. Relu Singh married Raj Kaur on the death of his brother under the customary law of the land. Relu Singh died in the year 1907. He was succeeded to by his two wives Sobhi and Raj Kaur besides Mehar Singh alias Dalip Singh and Inder Singh his two sons. 1/4th share each was given to ms widows Sobhi and Raj Kaur and the remaining half to Mehar Singh alias Dalip Singh and Inder singh. According to the allegations in the plaint Dalip Singh died and his half share was mutated in the name of Smt. Sobhi. Sobhi died in the year 1950 and plaintiff Ass Kaur along with her stepmother Raj Kaur succeeded to Sobhi jointly. Raj Kaur kept on paying the share of produce to Aas Kaur before the plaintiff. It was alleged that Raj Kaur died about 5 years before the institution of suit and thereafter the plaintiff succeeded to 1/2 share measuring 361 kanals 12 marlas out of the total estate of Relu Singh which was 723 kanals 3 marlas. It was stated that defendants No.1 to 4 wrongly got the mutation of the suit land sanctioned in their favour. Defendants No.1 to 4 had no concern with Relu Singh, Sobhi and Raj Kaur and that they were in unauthorised occupation of the suit land. Plaintiff-appellant accordingly filed the present suit on Sept. 4, 1975 for a decree of joint possession in respect of 1/2 share measuring 723 kanals 3 marlas on the basis of succession to her mother Sobhi.

(3.) Defendants No.l to 4 contested the suit and filed their written statement on Oct. 23, 1975. The pedegree table given in the plaint was admitted except that Sobhi had no daughter Aas Kaur. It was also added that Relu had another son Inder Singh from Sobhi. It was further stated that Raj Kaur hailing from village Bajak Tehsil Bhatinda was first married to Hira Singh died and thereafter Raj Kaur contracted Karewa marriage with Relu Singh in accordance with Punjab customary law by which these Sidhu Jats were governed, his two sons and two widows succeeded to his estate regarding which mutation No. 1617 (Ex.D.10) was sanctioned on Sept. 24, 1907. Thereafter, Inder Singh died in the year sanctioned in favour of Menar Singh. Mehar Singh also died in May 1937 and mutation No. 3218 (Ex. D.16) was sanctioned on Oct. 11, 1937 in favour of his mother Sobhi and his step-mother Raj Kaur. It is further stated that Sobhi died somewhere in the year 1950 and her estate was succeeded by her co-widow Raj Kaur by the rule of survivorship in accordance with local and tribal custom vide mutation No. 4621 (Ex.D19) sanctioned on July 31, 1955. Rai Kaur became the absolute owner of the suit land. It was further stated that Smt. Sobhi had succeeded to her son Mehar Singh in accordance with the custom. Sobhi had only a widowed estate under; custom ana on her death in 1950, her co-widow Raj Kaur succeeded to her by rule of survivorship. That under custom daughter had no right of succession in preference to widow. It was alleged that plaintiff was not related to sobhi and never entered into possession or received any snare of produce. It was further pleaded that Raj Kaur was looked after by defendants No.l to 4 who were her grandsons being sons of Sham Singh who was her son from the loins of her first husband Hira Singh. She had executed a registered will in their favour on June 28, 1960 (Ex.D1) bequeathing her entire estate including the suit land. Mutation No. 8471 (Ex. D13) was sanctioned in their favour by the Collector on Jan. 2, 1973. On the pleadings of the parties, the following issues were framed:-