Judgment

CHANDRACHUD, J.:- Sardar Gobinder Singh Sibia who was possessed of a large estate died on December 15, 1954 at the age of about 70. He had taken two wives; Gulab Kaur and Dalip Kaur. The story of his life follows the familiar pattern - the pretext of a disagreement with the unwanted wife, special favours for the favourite and jealous rivalries between the children born of the two.

2. The following pedigree will facilitate a better understanding of the issues involved in the case:-

After the birth of the appellant Jaswant Kaur, Gulab kaur started living or as the story goes, was compelled to live with her parents. Dalip Kuar had given birth to a daughter Guraprakash Kaur and a son Gurbachan Singh. Gurbachan singh died during the lifetime of his father Gobinder Singh, leaving behind his widow Joginder Kaur who died in 1971. Gurbachan Singh and Joginder Kaur gave birth to two children, a son Surjit Inder Singh and a daughter Palvinder Kaur. Surjit Inder Singh died in 1968 leaving behind a widow Amrit Kaur and three sons.

3. On 22-5-1956 which was about a year and a half after the death of Sardar Gobinder Singh, his widow Gulab Kaur filed a suit in forma pauperis claiming maintena