SURJIT KAUR Vs. NIRVER SINGH

JUDGEMENT

(1.) This is a defendant's appeal against the judgment dated 8-3-1983 passed by learned Additional District Judge, Ropar, vide which he accepted the appeal and set-aside the judgment and decree passed by learned Sub Judge 1st Class, Kharar, dated 11-8-1962 and granted decree in favour of the plaintiff that he is owner in possession of the land in suit through Hazara Singh, respondent No. 3, who is his tenant.

(2.) The brief facts for disposal of the present appeal are that Teja Singh was the owner in possession of the land measuring 16 big has 12 biswas. He died on 20-2-1973 leaving behind Surinder Kaur, defendant No. 2, who is daughter of his pre-deceased daughter, Smt. Surjit Kaur widow of Ujagar Singh, pre-deceased son. It has been further pleaded that Surjit Kaur had contracted a Karewa marriage during the lifetime of Teja Singh with Jaswant Singh of Morinda in the year 1970 and Karewanama was executed between them on 15-3-1972. Thus, since 1970, she was living with him as his wife. Therefore, she has no right to inherit the property of Teja Singh being the widow of his pre-deceased son.

(3.) The plaintiff also pleaded that Teja Singh had executed a valid Will dated 15-3-1972 in his favour in respect of the entire property in sound and disposing mind. The defendant succeeded to half share of Teja Singh in the joint khata in collusion with the Revenue Officer and got the mutation sanctioned in her favour and threatened to take forcibly possession. Defendant No. 2 admitted the claim of the plaintiff.