BHAGAT SINGH Vs. NIHAL KAUR AND ORS.

JUDGEMENT

(1.) The appellant challenges judgments and decrees, dated 03.11.1983 and 06.02.1986, passed by the Additional Senior Subordinate Judge, Jagraon and the Additional District Judge, Ludhiana, respectively, decreeing the suit for joint possession filed by the respondents and dismissing the appeal filed by the appellant herein.

(2.) Sher Singh, son of Dharam Singh, resident of village Dalla, Tehsil Jagraon, owner of the land, in dispute, passed away in 1957, after the coming into force of the Hindu Succession Act, 1956 (hereinafter referred to as the "Act" ). Before his demise, Sher Singh executed a registered Will dated 08.06.1956 (Ex. P1) bequeathing a life interest in his estate to his widow Smt.Kishan Kaur. Kishan Kaur executed a sale deed, dated 07.06.1974, alienating the land, in dispute, in favour of the appellant-Bhagat Singh.

(3.) The respondents filed a suit, pleading that as the Will Ex.P1, confers a limited estate upon Smt.Kishan Kaur, she had no right to alienate the land in dispute and prayed for a decree of joint possession. The appellant filed a written statement denying the will and pleaded that as Smt.Kishan Kaur has inherited the property, in dispute, as a natural heir she is an absolute owner. In the alternative, the appellant pleaded that even if the will is proved, Smt. Kishan Kaur, widow of Sher Singh has become absolute owner and is, therefore, competent to alienate the land, in dispute. The appellant also asserted his rights as a bona fide purchaser, for valuable consideration, without notice of any defect in the title of his vendor and prayed that the suit may be dismissed.