GURDEV KAUR Vs. BHAGWAN SINGH AND OTHERS

JUDGEMENT

(1.) Briefly stated the facts of the case are that the plaintiff appellant filed a suit for declaration and permanent injunction. It was averred that Arjan Singh son of Bachna was the original owner of the suit land measuring 141 kanals 3 marlas, who died leaving behind two sons, namely, Bhagwan Singh (present respondent no.1) and Ram Singh (present respondent no.5) and four daughters, namely, Gurdev Kaur (present appellant), Bhagwan Kaur, Dalip Kaur and Surjit Kaur (present respondent nos. 2 to 4). During his life time, Arjan Singh suffered a decree on 26.4.1973 in civil suit no.40 of 14.3.1973 in favour of his sons Bhagwan Singh to the extent of ²/₅th share and Ram Singh to the extent of ⅕th share and daughter-in-law Kartaro wife of Ram Singh to the extent of ⅕th share. Later on, after his death, the mutation of inheritance was sanctioned regarding the entire suit land in favour of all the sons and daughters and all of them were declared to be owner in possession of the suit land to the extent of ⅙th share each. Bhagwan Singh is alleged to have filed civil suit no.310 of 1.6.1988 against his sisters, Bhagwan Kaur and Gurdev Kaur. Later on, the suit was amended and the name of Gurdev Kaur was deleted and the claim was made only qua the share of Bhagwan Kaur. This suit was decreed on 19.12.1988 and Bhagwan Singh was declared owner of = share of the suit land. The appellant claimed that after the sanction of mutation, the suit land was being jointly cultivated by all the parties and she was entitled to her ⅙th share and that she had not suffered any decree on 19.12.1988 in civil suit no.310 of 1.6.1988.

(2.) The suit was contested only by Bhagwan Singh. In his defence, Bhagwan Singh denied the allegations as contained in the plaint and reiterated that he was owner of = share of the suit land and also set up a counter-claim to explain the circumstances under which = share had devolved upon him. In the written statement, it was contended that the suit land originally belonged to Bachna, the grand-father of the parties from whom it was inherited by Arjan Singh and that the suit land was ancestral coparcenary property of the Joint Hindu Family comprising of Arjan Singh and his two sons, i.e., Bhagwan Singhand Ram Singh. The daughters were not the members of Joint Hindu Family and, therefore, they had no claim to the ancestral property. On 26.4.1973, Arjan Singh had suffered a decree in favour of both the sons and wife of one of the sons to the extent of ⅕th and retained ⅕th share with him. By way of the said decree, Bhagwan Singh had become owner of the suit property to the extent of ²/₅th share and on the passing of the later decree, he became owner to the extent of 1/2 share and that the appellant had no concern with the suit land.

(3.) The rest of the defendants in the suit, namely, Dalip Kaur and Surjit Kaur and Ram Singh supported the case of Bhagwan Singh, while Bhagwan Kaur, who had suffered decree dated 19.12.1988 did not contest the suit.