ARJAN SINGH Vs. SURJIT SINGH

JUDGEMENT

(1.) BRIEFLY put, one Mit Singh, husband of Harnam Kaur, was owner in possession of 1/2 share in the agricultural land measuring 191 bighas 16 biswas and one residential house situated in village Chhahar. Mit Singh died somewhere in the year 1940. After his death, his widow Smt. Harnam Kaur inherited his estate as limited owner. Smt. Harnam Kaur (now deceased) executed a gift deed in favour of defendant Nos. 1 to 3, namely, Surjit Kaur, Mukhtiar Kaur and Gurdev Kaur alias Dalip Kaur, her daughters, in respect of agricultural land measuring 95 bighas 18 biswas including the residential house. The plaintiffs challenged the gift deed in then capacity as reversioners of Mit Singh. This suit was decreed holding that the revisionary rights of the plaintiffs would not be affected after the death of Smt. Harnam Kaur. The appeal filed against the judgment also failed and a further appeal before the High Court also met the same fate. The present suit land was allotted in lieu of the land earlier held by Smt. Harnam Kaur. It has further been pleaded that Harnam Kaur executed the mortgage deed in favour of defendent No. 4 without and legal right. She also suffered a collusive decree in favour of defendent Nos. 1 to 3. Harnam Kaur died on 1-1-1986 and so plaintiffs filed suit for possession on the basis of deeree in their favour dated 20-12-2006 B. K.

(2.) THE defendants put in appearance, filed written statement and controverted the various allegations of the paintiffs. It was further pleaded that Smt. Harnam Kaur succeeded to the estate of Mit Singh as limited owner according to the custom then prevalent and became its absolute owner according to the custom then prevalent and became its absolute owner on the coming into force of the Hindu Succession Act. This way, the mortgage deed executed by her and decree suffered by her in favour of defendant Nos. 1 to 3 were perfectly legal.

(3.) ON the pleadings of the parties, following issues were framed :-