RANBIR KAUR Vs. ANGREZ KAUR

JUDGEMENT

(1.) This second appeal has been filed by defendant Nos. 2, 3, 4 and 6 to 9 against the judgment and decree of the Additional District Judge, Faridkot, dated 5th August, 1974.

(2.) Briefly, the facts are that Harnam Singh was the owner of the property in dispute. He died on 16th January, 1952, and on his death it was inherited by his widow, Smt. Mukhtiar Kaur, defendant No. 2, as he did not leave any male issue. She sold land measuring 41 Kanals 10 Marlas for a consideration of Rs. 7,000/- in favour of defendant Nos. 6 to 9 vide sale deed dated 21st June, 1962, Exhibit D.2, and land measuring 43 Kanals 10 Marlas in favour of Subedar Inder Singh, predecessor-in-interest of defendant Nos. 2 to 5 for a consideration of Rs. 11,000/- vide sale deed dated 11th April, 1966, Exhibit D.8.

(3.) It is averred that Mukhtiar Kaur contracted Karewa with Kunda Singh of village Butter immediately after the death of Harnam Singh. Subsequently, she left the house of Kunda Singh and contracted Karewa with Jaggan. In the circumstances, she forfeited her widow's estate under custom as well as under the Hindu Law. She had, therefore, no right to alienate the property to defendant Nos. 2 to 9. It is alleged that the plaintiff is the daughter of Harnam Singh and entitled to inherit the property after Smt. Mukhtiar Kaur contracted the Karewa with Kunda Singh.