KASHMIR SINGH Vs. ACHHAR KAUR

JUDGEMENT

(1.) Suit filed by plaintiff Smt. Achhar Kaur (now respondent through her LRs) for joint possession of the suit property against defendants Kashmir Singh and others (now appellants), was dismissed by the trial court on 6/11/1989 but the appeal filed by said plaintiff was allowed and suit decreed by the first appellate court on 1/10/1992. This Regular Second Appeal is by the defendants and directed against the reversal of the judgment of the trial Court by the First Appellate Court. To avoid confusion, parties shall be referred as per their status before the learned trial Court.

(2.) Dispute is regarding l/6th share of Smt. Lal Kaur in the total land measuring 232 kanals 12 marlas situated in Village Khare, Tehsil and District Amritsar, as detailed in the head-note of the plaint. Said Smt. Lal Kaur was earlier married to Jag Singh (also referred as Jagat Singh) son of Deva Singh and from his loins, she gave birth to Hamam Singh. After the death of Jag Singh, she performed second marriage with Bhagat Singh, the brother of Jag Singh and from this second marriage, plaintiff- Smt. Achhar Kaur was bom. Defendants are the sons of Hamam Singh i.e. son of Smt. Lal Kaur from her first husband. Smt. Lal Kaur expired on 14/7/1981.

(3.) Plaintiff - Smt. Achhar Kaur brought the suit seeking joint possession of the suit property on the ground that after the death of Smt. Lal Kaur, she being her only daughter, had inherited her estate. Defendants were stated to be distantly related to the husband of Lal Kaur and were not entitled to inherit her estate. It was pleaded further that plaintiff was married in UP and therefore, defendants being residents of Village Khare, took advantage of the absence of the plaintiff and in collusion with revenue authorities, got the mutation sanctioned in their favour regarding the suit property, concealing the fact that plaintiff was the daughter of Lal Kaur.