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2009 Supreme(P&H) 470

RAJIVE BHALLA
Diljit Kaur Alias Tony – Appellant
Versus
Amarjit Kaur – Respondent


Judgment

1. The appellant challenges the judgment and decree dated 21-4-1981, passed by the Additional District Judge, amritsar, reversing the judgment and decree dated 12-9-1978, passed by the Sub-Judge, 3rd Class, Amritsar.

2. Amarjit Kaur, plaintiff-respondent no.1, filed a suit for possession of 17 kanals 6 marlas of land, situated in village naranjanpur Fattuwal, Tehsil and Distt. Amritsar, on the pleading that she was married to one Mohinder Singh, who was serving in the indian Army. On account of personal differences, they began living separately. Her husband passed away on 31-7-1974 leaving her as his only heir. Daljit Kaur defendant/appellant No.1 and Sukhbir kaur defendant/appellant No.2 falsely allege that they are the widow and daughter respectively of Mohinder Singh. The suit was contested by the appellant No.1 and respondent No.2 (now transposed as appellant no.2), who filed a written response inter alia asserting that Daljit Kaur is the wife of the deceased, whereas the plaintiff/respondent no.1 -Amarjit Kaur is the wife of one Gurdial singh s/o Atma Singh of Batala, from whom she has begotten three children. In addition to the aforementioned plea, it was contended th

























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