NEERA Vs. HAR KAUR

JUDGEMENT

(1.) This regular second appeal arises out of the judgment and decree dated 18.5.1982, of the Additional District Judge, Jullundur, vide which the suit for partition was dismissed.

(2.) Smt. Neera, plaintiff, on her own behalf and on behalf of her minor daughter Mannu, sought possession by partition of the estate of her deceased husband Raghbir Singh claiming themselves to be the widow and daughter of the deceased and thus entitled to his estate to the extent of two-third share. The mother of the deceased was alleged to have succeeded to the remaining one-third share. The plaintiffs averred that they are in possession of part of the estate and Lachhman Singh and Gurdev Singh defendants had no right in the estate. Lachhman Singh defendant died during the pendency of the suit after filing the written statement. Mannu plaintiff was alleged to be in the womb at the time of the filing of the suit, and have taken birth only during the pendency of the suit.

(3.) The defendants controverted the allegations, the plaintiffs' possession was denied, ownership of the deceased was denied, he was alleged to be a benamidar of Lachhman Singh. It was averred that the property in dispute was purchased by Lachhman Singh, father of the deceased from his own resources in the name of the deceased. The factum of Mannu being the daughter of the deceased from Smt. Neera plaintiff was denied. Legality of the marriage of Smt. Neera was also denied. The estate in dispute was allege J to have been bequeathed to Smt. Har Kaur and Lachhman Singh vide a valid will dated 7.8.1974 having been executed by the deceased at Manila (Phillipines). On the death of Lachhman Singh Smt. Har Kaur was stated to be the only heir of Raghbir Singh. Various objections with respect to the valuation of the suit for purposes of court-fee and jurisdiction and bar under order 2, rule 2, code of Civil Procedure, etc., were raised.