LAWS(P&H)-1992-3-123

BHAGWAN KAUR Vs. GURBAX SINGH & ANOTHER

Decided On March 13, 1992
BHAGWAN KAUR Appellant
V/S
Gurbax Singh And Another Respondents

JUDGEMENT

(1.) This appeals is directed against the judgment and decree dated 9.3.1984 passed by the Additional District Judge, Faridkot, by which the appeal filed by the defendant -appellant was dismissed and the judgment decree dated 3.11.1981 passed by the trial Court (decreeing the suit of the plaintiffs - respondents) was upheld.

(2.) Briefly, stated the facts of the case are that Punjab Kaur filed a suit for possession against Bhagwan Kaur and Bhura Singh with the following averments.

(3.) Bhagwan kaur defendant -appellant contested the suit and stated that since Punjab Kaur had already filed a suit on 14.12.1977, therefore, the present suit was liable to be stayed under Sec. 10 of the Code of Civil Procedure. It was further stated by the defendant -appellant that the Hindu Succession Act has no applicability to the facts of the present case. She admitted that Ganda Singh had 3/4th share in the land measuring 215 kanals 18 marlas. The right of Punjab Kaur plaintiff was denied. It was further averred by Bhagwan Kaur defendant -appellant that Ganda Singh had executed a Will in her favour on 7.6.1977 when he was in a sound disposing mind; that the mutation, on the basis of that will, was sanctioned in her favour in the presence of Punjab kaur plaintiff; and that Ganda Singh had given all the ornaments and cash to Punjab Kaur plaintiff and transferred 1/4th share of the landed property in her favour by means of a decree through Court.