KARAMJIT KAUR Vs. SUKHJINDER KAUR

JUDGEMENT

(1.) This second appeal preferred by defendants No. 5 and 6 is directed against the judgment and decree of the first Appellate Court whereby on two appeals preferred i.e. one by the plaintiff and the other by defendants No. 1 to 4, judgment and decree of the trial Court has been set aside and suit of the plaintiff for joint possession to the extent of 1/7th share in land measuring 89 Bighas 9 Biswas situated within the revenue estate of village Panjola Tehsil and District Patiala, has been decreed. Trial Court had dismissed the suit.

(2.) The dispute relates to the estate of Mohinder Singh son of Sher Singh. Mohinder Singh had 5 daughters from his wife Harbhajan Kaur. Harbhajan Kaur died in 1968. He married Karamjit Kaur (defendant No. 6) in January, 1986 and from this wedlock, daughter Amandeep Kaur (defendant No. 5) was born. Plaintiff filed suit against defendants, namely, daughters of Mohinder Singh i.e. defendants No. 1, 2, 3 and 4 from first marriage with Harbhajan Kaur and defendants No. 5 and 6 i.e. daughter of Mohinder Singh from second marriage with Karamjit Kaur and against Karamjit Kaur (defendant No. 6), second wife of Mohinder Singh, respectively. She contended that Mohinder Singh died on 21.7.1988 leaving behind plaintiff and defendants as his legal heirs and thus she is owner of 1/7th share out of the suit land. Hence suit for joint possession.

(3.) Defendants No. 2 to 4, namely, sisters of plaintiff, filed joint written statement admitting the claim of the plaintiff and also asserted that they are also entitled to 1/7th share each in the suit property and defendant No. 1 did not appear and was proceeded against ex parte.