CHARAN SINGH Vs. VIR KAUR

JUDGEMENT

(1.) This judgment disposes of Regular Second Appeals No. 562 and 578 of 1979. These are directed against the judgment and decree of the first Appellate Court affirming on appeal those of the trial Judge passed in Civil Suit No. 252/72/200/75 titled as Vir Kaur, etc. v. Thakar Singh etc. and Civil Suit No. 189/72 titled as Thakar Singh v. Vir Kaur And another. The suit filed by Thakar Singh was for declaration that he was owner-in-possession of the estate left by his deceased brother Amar Singh. During the pendency of this suit, Thakar Singh, plaintiff, died on August 12,1974 and his legal heirs and legal representatives were permitted to be impleaded as plaintiffs. Civil suit No. 189/72 was dismissed by the trial Judge and Civil Suit No. 252/72 200/75 filed by Vir Kaur alias Gian Kaur, widow, and Smt. Gurbachan Kaur daughter of Amar Singh deceased, respectively, for possession of the agricultural land left behind by the deceased was decreed.

(2.) Amar Singh deceased was the last male owner of land -measuring 65 Kanals 6 1/2 Marlas, as detailed in the head note of the plaint and shown in the Jamabandi for the year 1964, situated in village Sangrawan, Tehsil and District Amritsar that he died on December 24, 1969 and on his death, his real brother Thakar Singh, filed a suit for declaration that he was the owner - in possession of the ]and left, by Amar Singh deceased; that Thakar Singh died on August 12, 1972 during the pendency of the suit and his legal heirs and legal representatives namely, Charan Singh, Balbir Singh (sons) and Smt. Harbans Kaur (daughter) were brought on record as plaintiffs; that the suit filed by Thakar Singh was registered as Suit No. 189/72; that Smt. Vir Kaur and Smt. Gurbachan Kaur claiming themselves to be the widow and daughter, respectively, of Amar Singh deceased, filed suit for possession of the agricultural land left by the deceased and the suit filed by them was registered as Suit No. 252/72/200/75 titled as Vir Kaur etc. v. Thakar Singh etc, that these suits were consolidated by order dated August 2, 1972 passed by Shri Charanjit Jawa, the then Subordinate Judge 1st Class, Amritsar and the proceedings were recorded in Civil Suit No. 189/72; that Smt. Vir Kaur alleged that she was first married to Bagga Singh and after his death she married Amar Singh by Chaddar andazi; that her sister was married to Amar Singh deceased and she died without leaving any progeny and that from her wedlock with Amar Singh she gave birth to Gurbachan Kaur, plaintiff No. 2.

(3.) Thakar Singh denied the relationship to Smt. Vir Kaur and Smt. Gurbachan Kaur with Amar Singh deceased and asserted that he was the only legal heirs of the deceased.