MT BHAGO KUAR Vs. DULHIN RAJBANSI KUER

JUDGEMENT

(1.) This appeal arises out of a suit which was instituted by the respondent for a declaration that she is the daughter of one Padarat Singh, deceased, and that the ekrarnama, executed on 28 February 1927, by defendant 3 and the wills executed on 10 December 1926 and 28 February 1927, in which the plaintiff's title was denied and which related to the property left by Padarat Singh, were not binding on her. Two questions arose for determination in the trial Court one of which was a question of fact and the other was a question of law. As the contesting defendants, namely, defendants 1 to 3 denied that the plaintiff was the daughter of Padarat Singh and asserted that she was in fact the daughter of one Risal Singh, an agnate of Padarat Singh the question of fact which the Court had to decide was whether in fact she was the daughter of Padarat Singh.

(2.) The question of law which was to be decided was whether a declaratory suit was maintainable where a limited owner, such as a Hindu widow, had disposed of her husband's property by means of a will. The learned Subordinate Judge in whose Court the suit was instituted has decided both the questions in favour of the plaintiff and hence this appeal by defendants 1 to 3. On the question whether the plaintiff is the daughter of Padarat Singh or not the evidence adduced on her behalf seems to be overwhelming.

(3.) It is asserted by the plaintiff that she is the daughter of Padarat Singh by his wife Jaipal Kuer, a lady who is said to have belonged to village Dumaria. The important fact to be noticed is that the defendants, although they definitely assert that she was not the daughter of Padarat Singh, have not denied either in their written statement or in the evidence adduced that her mother was Jaipal Kuer, nor have they stated anywhere who her mother was. It is therefore rightly contended by the learned Counsel for the respondent that the issue to be determined in this case is narrowed down to the question whether Jaipal Kuer was the wife of Padarat Singh or not. Now, there are two important documents on the record which seem to me to establish beyond doubt that Jaipal was the wife of Padarat Singh.