DANAT KAUR ALIAS SANT KAUR Vs. HARBANS KAUR

JUDGEMENT

(1.) BANTA Singh son of Shri Bute Singh owned 1/4th share in agricultural land measuring 154 Kanals 6 Marias, fully described in the plaint. He died on 11. 12. 1981 at village Makorar. His estate was mutated in favour of his daughter Harbans Kaur, Plaintiff herein, on 14. 01. 1982. Pleading that Danat Kaur defendant by making misstatement got the mutation of the estate of Banta Singh sanctioned in her favour and that of the plaintiff on her back and on its strength wanted to alienate the property in dispute. The plaintiff fifed Civil Suit No. 116 of 4. 2. 1982 for a decree of declaration to the effect that she was the owner of l/4th share in the suit land and for permanent injunction thereby restraining the defendant from alienating the same. The suit was contested by the defendant. She admitted that Banta Singh was the owner in possession of the land in dispute and that he had died. She asserted that she and the plaintiff were the daughters of the deceased and that the mutation of the inheritance of Banta Singh had rightly been sanctioned in favour of both of them, and they were the owners of the land in dispute to the extent of 1/2 share each.

(2.) PARTIES fought the litigation on the following issues: (1) Whether the plaintiff is the only legal heir of Banta Singh? OPP (2) Whether the plaintiff is the owner in possession of the disputed property? OPP

(3.) IT is that judgment and decree of the first Appellate Court which has been appealed against by the defendant and which requires my examination of its sustainability.