GIAN KAUR Vs. BALJEET KAUR

JUDGEMENT

(1.) This common order of mine shall dispose of aforesaid two appeals since common questions of law and facts are involved in the same.

(2.) Plaintiff-Appellant has assailed concurrent judgments and decrees passed by both the courts below whereby suit bearing No.513 of 2009 seeking declaration that she is co-owner in joint possession of the land described in the plaint on the demise of her husband-Baldev Singh with consequential relief of permanent injunction restraining the defendant- respondent from interfering and dispossessing the plaintiff with the peaceful possession of the plaintiff, has been dismissed vide judgment and decree dated 07.3.2014 passed by learned Civil Judge (Sr. Division), SBS Nagar whereas the counter claim of the defendant-respondent has been decreed and affirmed in appeal by the lower Appellate Court vide judgment and decree dated 13.3.2015.

(3.) Plaintiff instituted the suit on the premise that she was lawfully wedded wife of said Baldev Singh, who owned the land fully described in the plaint. Baldev Singh was earlier married to the defendant-Baljeet Kaur @ Mohinder Kaur and their marriage was dissolved by the decree of divorce dated 28.3.1984. After that defendant-Baljeet Kaur @ Mohinder Kaur filed a suit for declaration at Nawanshahr claiming herself to be the wife of Baldev Singh and challenged the divorce dated 28.3.1984. Said suit was dismissed vide judgment dated 13.3.1985. Baldev Singh thereafter married the plaintiff, which was consummated but the defendant started threatening the plaintiff to dispossess from the suit land stating that she had got sanctioned mutation in her favour regarding the suit land at the back of the plaintiff.