JAGDISH KAUR Vs. BACHAN KAUR

JUDGEMENT

(1.) This is defendants' regular second appeal against the judgment and decree of the Courts below whereby the suit of the plaintiff was decreed by the trial Court and the appeal therefrom was dismissed by the Additional District Judge.

(2.) Briefly put, Bachan Kaur filed a suit for possession against Gurmukh Singh, Hari Chand, Dharam Singh and Jagdish Kaur defendants on the allegations that she is owner of the land in dispute on the basis of registered Will dated 9.6.1970 of her mother Smt. Norati who died in the year 1970 after a gap of about four months of the Will. It was also the case of the plaintiff that the possession of the land in dispute was given to Ishar Kaur and Jagdish Kaur, daughter-in-law and grand-daughter respectively of Smt. Norati, for maintenance. Ishar Kaur was allowed maintenance during the life time and Jagdish Kaur defendant No. 4 till her marriage. Ishar Kaur died on 15.7.1977 and Jagdish Kaur has since married and so the plaintiff claimed possession of the land in dispute.

(3.) The defendants filed written statement and alleged that Jagdish Kaur is owner in possession of the suit land and so the plaintiff has got no right whatsoever. It was also urged that entries in the revenue record are wrong and so liable to be corrected. Much emphasis was laid upon the fact that the land in dispute was given in lieu of the maintenance to Mst. Ishar Kaur deceased, widow of Bhagat Singh predeceased son of Mst. Norati widow of Gurbax Singh. This way Ishar Kaur had become absolute owner of the suit land by virtue of Section 14(1) of the Hindu Succession Act, 1956 . Since defendant No. 4 is the only legal representative of Smt. Ishar Kaur, so she is full owner of the property and this way the Will executed by Smt. Norati in favour of the plaintiff has no effect upon the rights of the defendants.