HARBANS KAUR Vs. TEJ KAUR AND ORS.

JUDGEMENT

(1.) KULWANT Singh son of Bhagat Singh alias Bhagtu filed suit for possession of land measuring 10 Bigha 5 Biswa bearing Khewat No. 262, Khatauni No. 456, Khasra No. 1375/761, as per jamabandi for the year 1975 -76 situated at village Mahaulikalan, Tehsil Malerkotla. The pedigree table given below will help in understanding the relationship of parties.

(2.) THE case of plaintiff Kulwant Singh (since deceased, now represented by his legal heirs), in brief, is that the suit property along with other property was owned by Hardit Singh who died in the year 1905 leaving behind his widow Gulabi. After the death of Hardit, Gulabi became limited owner of suit property and other land owned by Hardit Singh during her life time, which would have ultimately devolved upon Bhagat Singh @ Bhagatu as collateral of Hardit Singh.

(3.) IN the written statement, relationship of parties was not disputed. It was, however, denied, that the suit property and other estate owned by Hardit Singh was his ancestral property. Jarnail Kaur daughter of Gulabi had lost her husband and was residing with her mother. It was denied that after the death of Hardit Singh, Gulabi became limited owner of the land owned by her husband Hardit Singh and Bhagat Singh alias Bhagtu was the heir of Hardit Singh and Gulabi. He had taken the benefit of the old age of Gulabi and got the mutation of estate of Hardit Singh (except the suit land), sanctioned in his favour. Gulabi had gifted 10 bigha 5 biswa of land in favour of her daughter Jarnail Kaur. The term of the gift deed that Jarnail Kaur could not sell or mortgage the suit land was illegal, null and void. Jarnail Kaur was entitled to inherit the entire estate of Gulabi but Bhagat Singh alias Bhagtu in connivance with revenue officials got the mutation of that land sanctioned in his favour and Jarnail Kaur being hapless widow was left to fend with 10 bigha 5 biswa of land gifted to her. She had executed a registered Will dated 4.6.1963 regarding her entire estate in favour of her daughter Tej Kaur, on the basis of which mutation dated 26.2.1976 was rightly sanctioned in her favour.