SURJIT SINGH Vs. DARSHAN SINGH & ORS

JUDGEMENT

(1.) This order shall dispose of both the aforementioned regular second appeals as the same have arisen out of the common judgments passed by both the courts below whereby suit filed by the plaintiff Sukhdev Singh against defendants Jagir Kaur and three others namely Surjit Singh, Hari Singh and Lakhmir Singh for permanent injunction and declaration was partly decreed vide judgment and decree dated 16.10.2008 passed by the Civil Judge(Jr. Divn.), Nabha and against the same, two appeals were preferred before the learned District Judge, Patiala one by Sukhdev Singh plaintiff and the second by LR of Jagir Kaur and Ors i.e. the defendants. Appeal filed by Plaintiff/respondent Sukhdev Singh was accepted whereas the appeal filed by LR of Jagir Kaur & Ors.(defendants) was dismissed vide common judgment dated 17.09.2011 and thus the judgment and decree of the learned trial Court was modified. Hence, the present regular second appeals by defendants.

(2.) In brief, the facts of the case are that Partap Singh, Sukhdev Singh and Mohinder Singh all sons of Gajjan Singh were three brothers. Partap Singh was married to Jagir Kaur(original defendant no.1 now deceased) whereas Sukhdev Singh was married to Lakhmir Kaur. Partap Singh died somewhere in the year 1960, leaving behind his widow Jagir Kaur and at that point of time, his brother Sukhdev Singh was already married with Lakhmir Kaur. It is alleged that Kareva marriage of Jagir Kaur was effected with Sukhdev Singh(real brother of her deceased husband Partap Singh) by giving Pagri on the bhog ceremony of the deceased Partap Singh.

(3.) It is asserted by Sukhdev Singh plaintiff(real brother of Partap Singh) that some differences had surfaced between him and Jagir Kaur and thereafter, with intervention of some respectables a compromise was effected and land measuring 41 kanals 5 marals was given to Jagir Kaur(defendant no.1) for her maintenance and Tamniknama(deed of settlement) Ex.P-1 was executed. The same was got registered and was duly accepted by Jagir Kaur. It was alleged that land was given purely for her maintenance and the proceeds thereof were to be used by her with a condition that Jagir Kaur will remain Chaste/good character. Thus, no right to alienate the property was given to Jagir Kaur and same was specifically mentioned in Tamniknama. It was further mentioned in Tamniknama that after death of Jagir Kaur the suit land shall revert to plaintiff and his heirs. It was further alleged that it was provided in the Tamniknama that if any child is born to Jagir Kaur from the loins of plaintiff Sukhdev Singh, that child shall be entitled to share in the property according to law of the land.