JOGINDER KAUR Vs. PARAMJIT KAUR AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and decree dated 20.08.2011 passed by the learned Additional District Judge, Hoshiarpur, vide which the appeal preferred against the judgment and decree dated 15.01.2009, passed by the learned Civil Judge (Jr. Division), Dasuya, has been allowed and the suit filed by the appellantplaintiff has been dismissed with costs.

(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.

(3.) The appellant-plaintiff has filed the suit for declaration with consequential relief of permanent injunction on the grounds inter alia that previously the land in dispute was owned by her husband Resham Singh, who died in the month of April 2000 by leaving the plaintiff as his widow, defendants no.1 to 4 widow and children of his predeceased son Amrik Singh, defendants no. 5 to 7 children of her predeceased daughter Jaswinder Kaur and defendant no. 8 as his son. After the death of Resham Singh, the plaintiff and defendants become owners in joint possession of the suit land by operation of law in which the plaintiff has 29/80 share. Defendants no. 1 to 4 have 1/20 share, defendants no. 5 to 7 have 1/16 share each and defendant no. 8 have 1/4 share. But, the share of the plaintiff and the defendants have been incorrectly recorded in the mutation no. 1587 dated 01.08.2007. Hence the suit.