PARAMJIT KAUR Vs. SARWAN SINGH

JUDGEMENT

(1.) PLAINTIFFS Paramjit Kaur, widow of Jasbir Singh and her four daughters filed the present suit for the recovery of Rupees 65,000/- on account of damages against the defendants Sarwan Singh etc. on the ground that Jasbir Singh was murdered by them on 27th April, 1973. It was averred that the deceased had good health and that the male members in the family died at the age of 80/90 years. It was the case of the plaintiffs in the plaint that Jasbir Singh was cultivating land measuring 25 Killas belonging to his father and his brother who resided in U. S. A. The father of deceased was an old man and his brother being away to U. S. A. , it was the deceased who used to cultivate the land. The total income of the deceased was Rupees 500/- per month. While giving the details as to how the murder was committed by the defendants, it has been stated in the plaint that Jasbir Singh deceased was cultivating 3-1/2 Killas of land of Mulla Singh of village Mohanpur, Tehsil Tarn Taran as tenant and the said land was purchased by the defendants who asked the deceased not to remove the wheat crop compelling him to obtain ad-interim injunction against the defendants. On 27th April, 1973 at about 6. 45 P. M. the defendants are alleged to have attacked the deceased resulting into his death. Detailed eye version account was also given in the plaint. The defendants contested the suit and denied the commission of murder. It was stated by them that Jasbir Singh deceased had enmity in the village an that some persons had murdered him. It was further denied that the plaintiffs were the heirs of the deceased Jasbir Singh and that they were not entitled to any compensation. The plea of limitation was also raised. On pleadings of the parties, the following issues were framed by the trial Court.

(2.) THE judgment and decree passed by the trial Court has been challenged by the defendants in Regular First Appeal No. 104 and 1979 praying for dismissal of the suit whereas the plaintiffs have claimed enhancement in the compensation by filing Regular First Appeal No. 560 of 1979. This judgment of mine would dispose of both the appeals.

(3.) THE finding under issue No. 1 to the effect that the plaintiffs are widow and daughters of the deceased Jasbir Singh is borne out from the evidence on the record. PW-2 Ranjit Singh father of the deceased Jasbir Singh stepped into the witness-box and stated that Jasbir Singh was his son and was married with Paramjit Kaur plaintiff No. 1 and four daughters were born out of the wedlock. Statement of PW-3 Paramjit Kaur is also clear on this point. Mutation of land Exhibit P-3 pertaining to succession of Jasbir Singh to the entire estate in favour of the plaintiffs has also been relied upon by the trial Court. Exhibits P-4 and P-5 are the birth certificates of two daughters born at Tarn Taran. It has been admitted by Achhar Singh DW-2 that Jasbir Singh was married with Paramjit Kaur plaintiff No. 1. In view thereof, the finding recorded by the trial Court under issue No. 1 deserves to be affirmed.