AMAR KAUR Vs. DHANNA SINGH

JUDGEMENT

(1.) THIS is plaintiff's appeal filed under Section 100 of the Code of Civil Procedure, 1908 against the judgment of reversal passed by the District Judge, Faridkot on 18.4.2003 holding that the plaintiff-appellant has failed to prove that she along with defendant-respondents 6 and 7, namely, Balraj Singh and Baldev Singh are the legal heirs of Sarban Singh. It is appropriate to mention that the plaintiff-appellant Amar Kaur through one Balbir Singh has filed a suit for declaration to the effect that she along with her son Balraj Singh and Baldev Singh are the owners in possession of 1/34th share out of the suit land. The trial Court decreed the suit and granted the declaration that the plaintiff-appellant and defendant-respondents 6 and 7 are joint owners of the suit land and also passed a decree for joint possession. On appeal, the District Judge found that the attorney Balbir Singh through whom the suit has been filed never met plaintiff-appellant Amar Kaur any time before, on or after her marriage with Sarban Singh. It was also found that Sarban Singh had shifted to Malaysia in the year 1952. The question which has been determined by the District Judge is whether Amar Kaur plaintiff-appellant is the legally wedded wife and defendant-respondents 6 and 7 are the sons of Sarban Singh. The District Judge found that the facts with regard to relationship of Sarban Singh with Amar Kaur was only in the specific knowledge of Amar Kaur and no attorney could have deposed about that relationship. Neither Amar Kaur nor her sons defendant-respondents 6 and 7 have ever appeared before the Court.

(2.) I have heard Mr. J.S. Brar, learned counsel for the plaintiff-appellant who has argued that overwhelming evidence showing that Balraj Singh and Baldev Singh defendant-respondents 6 and 7 were born to Amar Kaur and their birth certificates issued by the Malaysian Government prove the fact that Amar Kaur is the wife of Sarban Singh and defendant-respondents 6 and 7 are her sons. According to the learned counsel, those certificates could not be brushed aside by the learned District Judge.