JUDGMENT

Ashok Bhushan, J.

This appeal has been filed against the judgment of the Punjab & Haryana High Court dated 14.07.2009 by which the High Court has dismissed the Regular Second Appeal filed by the appellant.

2. The facts of the case are not in dispute and lie in a very narrow compass. The appellant has filed Civil Suit No. 220 of 2001 for a declaration that the plaintiff is the owner and in joint possession of the half share of the land owned by Pal Singh deceased son of Narain Singh. Narain Singh had three sons namely Atma Singh, the appellant, Mohan Singh, respondent No.5 and Pal Singh. The defendant No.1, Gurmej Kaur was wife of Narain Singh. Narain Singh, who was the owner of land in dispute died in the year 1952 intestate. He left behind his above three sons and wife Gurmej Kaur. Gurmej Kaur immediately after death of Narain Singh remarried with one Inder Singh. Pal Singh, son of Narain Singh died in the year 1972 intestate. He was not married and so had no children. Estate of Pal Singh was mutated in favour of Gurmej Kaur, his mother. Thereafter, Suit No. 220 of 2001 was filed by the appellant. The Trial Court dismissed the suit holding that defendant No. 1, Gurmej Kaur b