GURDIAL SINGH Vs. PARAMJIT KAUR

JUDGEMENT

(1.) This is defendant's second appeal challenging the judgment and decree of the lower appellate Court passed in Civil Appeal Nos.62 of 29.03.2007 and 34 of 21.03.2007 whereby suit of the plaintiffrespondent was decreed for joint possession and permanent injunction modifying the decree dated 12.02.2007 of the trial Court whereby suit was decreed in favour of the plaintiff-respondent for 1/2 share of the suit property which was held by Arjan Singh @ Karam Singh. As per the averments, the plaintiff-respondent filed a suit for declaration that she was owner of suit land measuring 22 Kanals 19 Marlas and the entries in the name of defendant-appellant in the revenue record were incorrect and are liable to be corrected. It was further averred that mutation of inheritance of Arjan Singh sanctioned in favour of Kehar Singh vide mutation No.1967 dated 27.02.1995 and thereafter, mutation No. 1976 dated 19.06.1995 in favour of Gurdial Singh-appellant were bad in law and are liable to be ignored and she was also entitled to possession of the suit land. It was further prayed by the plaintiff-respondent that defendant-appellant be also restrained from alienating the suit land during the pendency of the appeal.

(2.) It is the case of the plaintiff-respondent that Arjan Singh, Puran Chand and Kehar Singh were three real brothers. Puran Chand died on 21.02.1989 issue-less and widow-less, and thus, mutation of inheritance No.1781 was sanctioned in favour of Arjan Singh and Kehar Singh in equal shares, and on the death of Arjan Singh plaintiffrespondent, being his daughter, inherited the half share of the suit property which was held by him. However, defendant got the mutation of inheritance of Arjan Singh entered in favour of Kehar Singh vide mutation No.1967 wrongly and by taking benefit of her absence as she was residing in her matrimonial home in District Ganganagar (Rajasthan). It is her further case that Kehar Singh (the other brother of Arjan Singh) died on 30.09.1994 issue-less and widow-less and therefore, the half share of the property belonging to him was also devolved upon her being the only surviving Legal Representative, the daughter of his real brother and thus, mutation No.1976 sanctioned in favour of the defendant of the suit property was also bad in law. It is her further case that in October 1999, the defendant-appellant refused to accept the claim of the plaintiff-respondent and thus, necessity arose to file the instant suit.

(3.) Upon notice, the suit was contested by the defendantappellant by raising various preliminary objections. On merits, it was admitted that Arjan Singh, Puran Chand and Kehar Singh were three real brothers and on the death of Puran Chand, his property was mutated in equal shares in the names of Arjan Singh and Kehar Singh. It is further case of the defendant-appellant that Arjan Singh also died issue-less and widow-less and thus, his property was rightly mutated in the name of Kehar Singh, who executed an unregistered but valid Will dated 06.06.1982 in lieu of the services rendered by the appellant to him. It was denied that the plaintiff-respondent is the daughter of Arjan Singh.