JASWANT SINGH Vs. RANJIT KOUR

JUDGEMENT

(1.) The Appellant-Jaswant Singh filed a Suit for permanent prohibitory injunction restraining the Respondent-Ranjit Kour from alienating House comprising of three rooms, one bath room and a latrine situated at Hazuri Bagh, Jammu, on the plea that he had constructed it out of his own funds, and the Respondent, his brother's widow, who was allowed to live and reside therein, as a licensee, had no right to dispose it of. Contesting the Suit, the Respondent pleaded the Suit house to have been constructed by her husband on the land which had fallen to his share, denying that she was living there with the permission of the Appellant.

(2.) To decide the Suit, the parties were put to issues, which are reproduced hereunder:

(3.) After appreciating the evidence, which the parties to the Suit had led, the trial Court came to the conclusion that the Plaintiff had failed to prove his ownership over the Suit house. The Will executed by the Appellant's mother in his favour, though held proved, was not relied upon by the Court as it stood questioned by the children of the Respondent before the Ist Additional Munsiff, Jammu and even otherwise did not pertain to the house in question. The 3 Appellant's Suit was accordingly dismissed vide judgment dated August 30, 2005.