LAWS(P&H)-1997-3-10

SARDUL KAUR Vs. PARSIN KAUR

Decided On March 12, 1997
SARDUL KAUR Appellant
V/S
PARSIN KAUR Respondents

JUDGEMENT

(1.) THIS Regular Second Appeal has been preferred by the defendants against the judgment and decree, dated May 23, 1979 of the Court of 1st Additional District Judge, Hoshiarpur, whereby appeal of the defendants was dismissed and the judgment and decree, dated April 28, 1976 of the Subordinate Judge Second Class, Dasuya, were affirmed.

(2.) AT the outset, it would be apposite to produce the pedigree-table of the parties:

(3.) THE suit was contested by the defendants pleading, inter alia, that she has no concern with the land in dispute. They denied the relationship of Parsin Kaur with Kishan Kaur or with Kabir Singh. According to them, their possession is legal and in accordance with the compromise, dated July 10, 1942 and also that they are the only legal heirs of Kabir Singh deceased. They averred that after the death of Kabir Singh, his son Mukntar Singh succeeded to the estate of the former and when Mukhtar Singh died in 1942, Karam Kaur and Kishan Kaur widows of Kabir Singh succeeded to his estate. An agreement was reached between Karam Kaur and Kishan Kaur on the one hand and defendants 2 to 5 and Ujagar Singh husband of Sardul Kaur were limited owners of the land and, as such, they could enjoy the fruits of the land till their death. Other averments were, however, admitted.