MOHINDER KUMARI Vs. PREM LATA AND ORS.

JUDGEMENT

(1.) THIS is a Regular Second Appeal preferred by Mohinder Kumari, one of the defendants before the trial Court against the judgment and decree dated 01.06.1991 passed by Shri A.S. Sodhi, the then Additional District Judge, Hoshiarpur.

(2.) THE brief facts of the case are that Prem Lata, plaintiff, now respondent in this appeal, filed a suit for declaration on the averments that she was married with Shri Hari Chand Badial but no issue was born. With the sale proceeds of golden ornaments and other items of Istri Dhan of the plaintiff, Prem Flour Mill was installed. She was the sole owner of the mill. Hari Chand was owner in possession of land in suit along with some houses. After the death of Hari Chand on 03.07.1983, she along with defendant Nos. 1 to 4, who are son and daughters of previous wife of Hari Chand were entitled to succeed to the property of Hari Chand in equal shares. Hari Chand had not executed any Will of his estate in sound disposing mind.

(3.) DEFENDANT No. 1 Bachittar Singh contested the suit. He denied that the plaintiff was married with Hari Chand, deceased. He alleged that Prem Lata was married with one Behrama. He also denied that the plaintiff and Hari Chand lived as husband and wife. Prem Lata plaintiff never spent any money for the construction of the house or flour mill. Hari Chand had executed a valid Will in sound disposing mind in favour of defendant Nos.4, 5 and 6 and as such the plaintiff was not entitled to any share in the property left by the deceased. It was also denied that the plaintiff was entitled to any maintenance from the property of Hari Chand deceased. The plaintiff was in possession of one room as a trespasser.