HARJINDER KAUR Vs. JAGJIT SINGH

JUDGEMENT

(1.) THE appellant-plaintiff filed suit for possession alleging that a decree was passed in her favour on 10.4.1972 in Suit No. 227/A by Sub Judge, Ist Class, Rajpura but defendants (who are helf-blood brothers of the plaintiff) wanted to take forcible possession of the suit land from her even though, temporary injunction was granted in her favour by the trial court and the lower appellate court but the High Court had ordered status quo, on account of which the defendants dispossessed the plaintiff, which should be restored to her.

(2.) CASE of the plaintiff is that the dispute was about the estate of Jaswant Singh, father of the parties - plaintiffs being daughters from Dalip Kaur and defendants being sons from Kartar Kaur. Jaswant Singh died on 15.6.1952. While half share of the property was mutated in favour of Dalip Kaur and the other half was mutated in favour of minor sons of Kartar Kaur. There was a compromise on which 200 bighas and 1 biswa of land was given to Dalip Kaur for maintenance for life and a sum of Rs. 5000/- was given to her for marriage of her two daughters. This was recorded in order dated 19.6.1954, Ex.P.1 passed by Financial Commissioner, Pepsu. Dalip Kaur died in the year 1962 and her land was mutated in favour of the defendants. However, the plaintiff filed a suit on the basis of which a decree is said to have been passed for 101 bighas and 9 biswas of land. Decree Ex.P.10 was passed on the basis of admission by the defendants.

(3.) THE plaintiff inter alia relied on statement of objections filed by defendants being Ex.P.1 in a suit filed by Baljinder Singh etc. against Sumitra Devi being suit No. 414 dated 28.11.1964 decided on 14.2.1975 by Sub Judge Ist Class, Rajpura wherein it was stated that 50 bighas of land from the share of all the plaintiffs; in all being 200 bighas of land, was transferred to Harminder Kaur and Harjinder Kaur. PW-2 Sham Lal, Advocate and PW3 Sarup Chand Gupta, CJM were also examined.