GURTEJ SINGH Vs. MURTI DEVI

JUDGEMENT

(1.) This regular second appeal by Gurtej Singh defendant-appellant is directed against the judgment and decree dated 5.11.1977 passed in appeal by the learned Senior Sub Judge with enhanced appellate powers, Sirsa, whereby the judgment and decree dated 28.2.1977 passed by the learned Sub Judge Ist Class, Dabwali, decreeing the suit of Smt. Murti Devi plaintiff-respondent No. 1 was affirmed.

(2.) The suit land measuring 37 Kanals 7 Marlas is jointly owned by the respondents including Smt. Murti Devi. The appellant is the son of Jang Singh respondent No. 2 - one of the co-sharers of the land. Upto Rabi 1975, it was recorded to be under the self-cultivation of the owners. However, on 9.5.1975 the appellant filed an application for correction of Khasra Girdawaris in respect of the suit land before the Naib Tehsildar, Dabwali. He impleaded therein only Smt. Murti Devi, who was a minor at that time, through her mother Smt. Tej Kaur. Smt. Tej Kaur appeared before the Naib Tehsildar and filed a statement in the Khasra Girdawaris from Kharif 1972 up-to-date in respect of the suit land were ordered to be corrected and the land was recorded as in the cultivating possession of the appellant.

(3.) On 11.2.1976 respondent No. 1 filed a suit through her next friend Mohan Singh for declaration to the effect that she along with the co-owners, i.e., the remaining respondents, is in self-cultivating possession of the land and that the order dated 27.6.1975 passed by the Naib Tehsildar correcting the entries in the Khasra Girdwaris showing the appellant's possession are against law and facts and not binding on her and the other co-owners. She also sought a decree for possession in case the appellant in the meantime was successful in dispossessing her from the suit land. She pleaded that before the Naib Tehsildar she was wrongly made a party through her mother Smt. The Taj Kaur. She was no doubt a minor but she was married and her natural guardian was her husband Chhota Singh. Any admission made by Smt. Tej Kaur was, thus, not binding on her.