GURLAL SINGH Vs. DHAN KAUR

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiffs Dhan Kaur and her husband Sarban Singh, residents of village Jheriawali, Tehsil Mansa, had brought a suit for recovery of Rs.55,775.00 against defendants Gurlal Singh, Mohinder Singh, Surjit Kaur, Gurtej Singh, Ghela Singh and Gurmail Singh, residents of Bajewala as indigent persons. They were allowed to sue as such by the Trial Court of Sub Judge Ist Class, Mansa.

(2.) As per the case of the plaintiffs, their daughter Smt.Gamdur Kaur was married with defendant No.1 Gurlal Singh about 1 % years prior to the filing of the suit (suit filed on 7/2/1986) at village Jheriwali and thereafter both the spouses resided together as husband and wife; the plaintiffs had given dowry to their daughter Smt.Gamdur Kaur as per details below: <FRM>JUDGEMENT_123_LAWS(P&H)2_2023_1.html</FRM>

(3.) On notice, the defendants appeared and filed written statement contesting the suit raising various legal objections, to wit that plaintiffs had no right under Sec. 15 of the Hindu Succession Act to claim inheritance of Smt.Smt.Gamdur Kaur, rather defendants are legal heirs of Smt.Gamdur Kaur, therefore, the plaintiffs have no locus standi to file the suit; otherwise also defendants Mohinder Singh etc. had given 12 tolas of gold to Smt.Gamdur Kaur at the time of her marriage with Gurlal Singh; various other gifts in the form of clothes and ornaments etc. had been given. On merits, the defendants conceded that Smt.Gamdur Kaur was married with Gurlal Singh and both of them resided together as husband and wife in the matrimonial home, however after some time articles given by parents of Smt.Gamdur Kaur as well as some other items were taken by Smt.Gamdur Kaur to her parental house and handed over to her parents; Smt.Gamdur Kaur had left the matrimonial home and resided with her parents for a period of about one year.