SUKHBIR KAUR Vs. MAHABIR SINGH AND ORS.

JUDGEMENT

(1.) Whether a deserted wife, who remained in possession of the agricultural land given to her by her husband from 1955 till 1975 when the suit was brought by her for declaration of title as owner without payment of rent but on payment of land revenue etc. can be said to be entitled to the benefit of Sec. 14(1) of the Hindu Succession Act, 1956 (hereinafter called the Act), on the peculiar facts of this case, is the sole point involved in this second appeal.

(2.) Sukhbir Kaur was the first wife of Mahabir Singh. For one reason or the other Mahabir Singh remarried and from the second wed -lock got two sons and a daughter.

(3.) Mahabir Singh and Moti Singh as brothers jointly owned the property and in a family partition of 1950 the property was divided and they ceased to be co -sharers. That matter is no longer in dispute.