LAWS(P&H)-2003-1-74

JAGJIT SINGH Vs. DALIP KAUR

Decided On January 10, 2003
JAGJIT SINGH Appellant
V/S
DALIP KAUR Respondents

JUDGEMENT

(1.) HAVING remained unsuccessful before the two Courts below, the plaintiffs Jagjit Singh and Amrik Singh sons of Pal Singh have now filed the present regular second appeal. The judgments and decree passed by the learned Courts below have been challenged by them.

(2.) CERTAIN facts be noticed. One Labh Singh had two sons namely Pal Singh and Kartar Singh. Kartar Singh died in the year 1948 leaving behind his widow Dalip Kaur and his son Surjit Singh. However, Dalip Kaur remarried after the death of Kartar Singh and as such the estate of Kartar Singh was succeeded by Surjit Singh his son. The aforesaid Surjit Singh also died in the year 1964. The property left behind by Surjit Singh was mutated in the name of Dalip Kaur (her mother).

(3.) DEFENDANTS No. 2 to 6 chose not to contest the suit. The suit has been contested only by defendant No. 1 Dalip Kaur. She has filed a written statement, whereby she has admitted the death of Kartar Singh and also that after the death of Kartar Singh his son Surjit Singh had succeeded the property left behind by him. However, defendant No. 1 Dalip Kaur has asserted her title to the suit property on the ground that Surjit Singh had died in the year 1964 and she being the mother of the aforesaid Surjit Singh, was entitled to succeed to the entire estate left by Surjit Singh under the provisions of Hindu Succession Act 1956. She has also asserted that the plaintiffs or any other person did not have any right to succeed to the property of Kartar Singh.