MANJEET SINGH Vs. SURINDER KAUR

JUDGEMENT

(1.) The present appeal has been preferred by the defendant-appellants challenging the judgment and decree dtd. 22/1/2015 passed by the Trial Court and judgment and decree dtd. 5/3/2019 passed by the First Appellate Court.

(2.) Brief facts relevant to the present lis are that the plaintiff- respondent filed a suit for declaration and permanent injunction averring therein that she is joint owner in possession to the extent of one-seventh share of land measuring 106 Kanals 8 Marlas, fully described in the plaint, as per the jamabandi for the year 1985-86 and that the mutation No.3014 dtd. 30/4/1996 sanctioned in favour of the defendant-appellants and subsequent revenue entries were illegal, null and void and not binding on the rights of the plaintiff-respondent. It was the case set up in the plaint that the plaintiff-respondent was married to Guljeet Singh @ Gurmeet Singh and there was no issue born out of the wedlock. Guljeet Singh died on 7/5/1988. During the lifetime of Guljeet Singh, he and his brothers, namely, Sucha Singh, Gurcharan Singh, his cousins, namely, Harbhajan Singh, Surjeet Singh, Baljeet Singh and Randhir Singh had purchased the suit land in equal shares to the extent of one share each and mutation was also sanctioned in their favour. After the death of Guljeet Singh the plaintiff-respondent remained in joint possession of the suit land to the extent of Guljeet Singh's share being his only legal heir. In 1989 the plaintiff-respondent, at the instance of the family members, was remarried with Sucha Singh brother of Guljeet Singh and out of the said wedlock, one daughter, namely, Manpreet Kaur, was born on 28/11/1990. Sucha Singh also died on and after the death of Sucha Singh, the cousin brothers started harassing the plaintiff-respondent and she left her matrimonial home and started living in her parental home where her parents got her married to one Jaswant Singh. It was further averred that in October 2007 the plaintiff-respondent asked the other co-sharers to get the suit land partitioned by metes and bounds and then the defendant-appellants started to allege their right as owners in the share of the plaintiff-respondent and stated that they have become owners of the share of Guljeet Singh on the basis of an oral Will of 18/1/1988 and they have also got entered their names in the revenue records as owners. Hence, the present civil suit.

(3.) The defendant-appellants filed their joint written statement and admitted that the plaintiff-respondent was married to Guljeet Singh and that no child was born out of the wedlock. It was the case set up that the plaintiff respondent had illicit relations with one Jaswant Singh and therefore the marriage between Guljeet Singh and the plaintiff-respondent was dissolved in November 1987 with the intervention of the Panchayat. Thereafter, the plaintiff-respondent left the society of Guljeet Singh and started living with Jaswant Singh. It was further the case that Guljeet Singh was being served by the defendant-appellants and executed an oral Will in their favour and he died on 7/5/1988. The marriage between Sucha Singh and the plaintiffrespondent was denied and it was denied that she ever gave birth to a daughter, namely Manpreet Kaur.