DILJIT KAUR ALIAS TONY Vs. AMARJIT KAUR

JUDGEMENT

(1.) THE appellant challenges the judgment and decree dated 21-4-1981, passed by the Additional District Judge, amritsar, reversing the judgment and decree dated 12-9-1978, passed by the Sub-Judge, 3rd Class, Amritsar.

(2.) AMARJIT Kaur, plaintiff-respondent no. 1, filed a suit for possession of 17 kanals 6 marlas of land, situated in village naranjanpur Fattuwal, Tehsil and Distt. Amritsar, on the pleading that she was married to one Mohinder Singh, who was serving in the indian Army. On account of personal differences, they began living separately. Her husband passed away on 31-7-1974 leaving her as his only heir. Daljit Kaur defendant/appellant No. 1 and Sukhbir kaur defendant/appellant No. 2 falsely allege that they are the widow and daughter respectively of Mohinder Singh. The suit was contested by the appellant No. 1 and respondent No. 2 (now transposed as appellant no. 2), who filed a written response inter alia asserting that Daljit Kaur is the wife of the deceased, whereas the plaintiff/respondent no. 1 -Amarjit Kaur is the wife of one Gurdial singh s/o Atma Singh of Batala, from whom she has begotten three children. In addition to the aforementioned plea, it was contended that in case the marriage between Amarjit kaur and Mohinder Singh is proved, mohinder Singh had divorced Amarjit Kaur before marrying appellant No. 1. On the basis of the pleadings, the learned trial Court framed the following issues :-

(3.) UPON an appraisal of the pleadings, the evidence and the arguments addressed, the learned trial Court dismissed the suit by rejecting the testimony of Amarjit Kaur and her witnesses with respect to her marriage to Mohinder Singh. The trial Court took note of Amarjit Kaur's statement that though, she is the wife of Mohinder Singh, she is living with Gurdial Singh from whom she has three children and, therefore, negatived her claim as the widow of Mohinder singh. The learned trial Court also placed reliance upon the document Ex. PW-4/1, which refers to Gurdial Singh as father of amarjit Kaur's children, Ex. D-4 that refers to her as the wife of Gurdial Singh, Ex. PW-5/1 an application for a tubectomy operation, wherein she is described as the wife of gurdial Singh and a photograph Ex. PW-7/1, which shows Amarjit Kaur with Gurdial singh and their two children. The claim put forth by Daljit Kaur the appellant No. 1, that she is the widow of Mohinder Singh, was upheld on the basis of the record produced by the military authorities that reflects declaration made by Mohinder Singh about his marriage to Daljit Kaur.