MOHINDER KAUR Vs. GURDIAL KAUR

JUDGEMENT

(1.) BY this judgment I dispose of two Civil Appeals No. 401 of 1996 titled 'Mohinder Kaur and others v. Gurdial Kaur through her L.Rs.' and R.S.A. No. 710 of 1996 titled also 'Mohinder Kaur and others v. Gurdial Kaur and others', as both the appeals have arisen from the judgment and decree dated 25.4.1994 passed by the Court of Additional District Judge, Ludhiana who affirmed the judgment and decree dated 4.3.1994 passed by the learned trial Court.

(2.) THE brief facts of the case are that Mohinder Kaur (Widow), Tarsem Singh (Son) and Karamjit Kaur, Jagjit Kaur, minor daughters of Bhajan Singh born to Mohinder Kaur from the loins of said Bhajan Singh deceased and Sajjan Singh, (five plaintiffs) filed a suit for declaration to the effect that they are joint owners in possession through tenants of the land in dispute measuring 65 kanals 15 marlas which is one half share of the land measuring 131 Kanals 10 Marlas detailed in the head note of the plaint on the allegations that plaintiff No. 1 Mohinder Kaur is the widow and plaintiffs No. 2 to 4 are the sons and daughters of deceased Bhajan Singh who died about 2 years back before the institution of the suit. Said Bhajan Singh was the owner of the land in dispute, Gurdial Kaur defendant is not the legally wedded wife of deceased Bhajan Singh but she claims herself to be the widow of Bhajan Singh deceased and even she succeeded in getting mutation sanctioned in her favour to the extent of one half share and the remaining one half share was mutated in the name of the plaintiffs. Mutation No. 5118 dated 27.4.1989 in favour of Gurdial Kaur is null and void. Plaintiff No. 1 being a lady and plaintiffs Nos. 2 to 4 being e minors, they were not in a position to cultivate the land in dispute after the death of Bhajan Singh and as such they gave the disputed land on Chakota and they are receiving rent from the Chakotedars and as such they are in possession of the land through chakotedars. Defendant No. 1 Gurdial Kaur wants to take advantage of illegal entries made in her favour and wants to dispossess the plaintiffs from the land in dispute. She also wants to sell the property which she has allegedly acquired on account of the wrong mutation No. 5118.

(3.) SMT . Gurdial Kaur defendant also filed a separate Suit No. 509 regarding the land in dispute and she alleged that she is the legally wedded wife of Bhajan Singh and is the owner of the property. Said Bhajan Singh died in 1985 leaving behind her as sole legal heir. Bhajan Singh died issueless and she being her widow is entitled to inherit the property of Bhajan Singh. Mutation No. 5118 was wrongly sanctioned in her favour to the extent of one half share. Rather it ought to have been sanctioned in its entirety of the estate of Bhajan Singh. Defendants, namely Mohinder Kaur, Tarsem Singh, Karamjit Kaur and Jagjit Kaur have no relationship with the deceased and as such they are not entitled to inherit any property of Bhajan Singh. In this manner, Gurdial Kaur claimed the entire property from Bhajan Singh. During the pendency of the suit, Gurdial Kaur died and her legal representatives were brought on record. Both the suits were consolidated and were disposed of by the trial Court vide judgment and decree dated 4.3.1994 and it was held that in fact Gurdial Kaur was the legally wedded wife of Bhajan Singh deceased. Bhajan Singh during the subsistence of his valid marriage with Gurdial Kaur re-married with Mohinder Kaur which marriage was a nullity in view of the provisions of Section 5 of the Hindu Marriage Act. The children born to Smt. Mohinder Kaur from the loins of Bhajan Singh, however, are entitled to inherit 3/4th share collectively from the estate of Bhajan Singh and remaining 1/4th share would go to Gurdial Kaur. Claim of Mohinder Kaur and her sons and daughters is that with the death of Gurdial Kaur, her interest would revert back to the heirs of her husband who are admittedly the son and daughters namely Tarsem Singh, Karamjit Kaur and Jagjit Kaur i.e. children of Bhajan Singh born from the womb of Mohinder Kaur. Therefore, they would inherit the entire property.