Gurdial Singh (Dead) Through Lr vs Jagir Kaur (Dead)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1084

SANJAY KAROL, JOYMALYA BAGCHI
Gurdial Singh (Dead) Through Lr – Appellant
Versus
Jagir Kaur (Dead) – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Manoj Swarup, Sr. Adv. Ms. Jyoti Mendiratta, AOR Ms. Ananya Basudha, Adv.
For the Respondent(s): Mr. Arun Bhardwaj, Adv. Mr. Vishal Mahajan, Adv. Mr. Bhaskar Y. Kulkarni, AOR Ms. Divya Kumari Sharma, Adv.

JUDGMENT :

Joymalya Bagchi, J.

1. The appeals are directed against the common judgment and decree dated 13.11.2009 passed by the Punjab & Haryana High Court in R.S.A. No.837 of 1996 and R.S.A. No.958 of 1996 setting aside the concurrent findings of the Trial Court and the First Appellate Court, and declaring the 1st respondent as the owner and in possession of the suit land.

Facts

2. One Maya Singh was owner of land measuring 67 kanals 4 marlas in village Sathiala¹[Hereinafter referred to as “the suit land”.]. Appellant is the nephew of Maya Singh. 1st respondent is Maya Singh’s wife. Gurpal Singh (hereinafter referred to as 2nd respondent) claimed to be the adopted son of Maya Singh and 1st respondent. Maya Singh died on 10.11.1991. On 27.10.1992, the suit land was mutated in favour of 1st respondent. Apprehending that 1st respondent was taking steps to alienate the property, appellant filed a Suit RBT No. 329/1992 by propounding a Will executed by Maya Singh on 16.05.1991, bequeathing the land to him. In this suit, appellant contended his uncle, Maya Singh was married to one Joginder Kaur who had predeceased him and 1st respondent was not his lawfully wedded wife or 2nd respondent,