JUDGMENT :

Nidhi Gupta, J.

The plaintiff is in second appeal against the judgment and decree dated 03.04.2017 passed by the learned Additional District Judge, Amritsar, whereby the appeal of the respondents/defendants against the judgment and decree dated 04.10.2013 of the learned trial Court thereby decreeing the suit of the plaintiff, has been allowed.

2. The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellant is the 'plaintiff'; and respondents are the 'defendants'.

3. Brief facts of the case are that the appellant/plaintiff had filed a suit for possession of 1/2 share by way of partition of Kothi Bearing No. 179, Khasra Nos. 2311/2285/1831 situated in Ajit Nagar O/s Sultanwind Gate, Amritsar as per Jamabandi for the year 2005-06; with consequential relief of permanent Injunction restraining the defendants from selling, mortgaging, gifting, alienating in any manner the suit property more than their share in it; and for recovery of mesne profit at the rate of Rs. 1,000/- per day for use and occupation of the share of the plaintiff by defendants from date of suit.

4. The following pedigree table will be helpful, in order to understand relationship between the parties and to appreciate the facts properly:-

5. The facts as stated in the plaint are that the suit property i.e. Kothi No. 179 was in the ownership of late Kartar Singh, father of the plaintiff. On his death on 4.9.1997, the said property devolved to his three wives namely, Tej Kaur, Kartar Kaur and Charan Kaur. Charan Kaur had three daughters i.e. Amarjit Kaur/plaintiff; Bhupinder Kaur, who was married to defendant No.1 and had died issueless in January 1981; and Manjit Kaur, who was second wife of defendant No.1, who had died in January 2000. Defendants No. 2, 3 and 4 are the children of Harinder Singh/defendant No. 1 and Manjit Kaur. It was pleaded in the plaint that three daughters, namely, Amarjit Kaur/plaintiff, Bhupinder Kaur and Manjit Kaur were born out of the wedlock of Charan Kaur and Kartar Singh. It was further pleaded that as per the order dated 29.09.2006 passed by the SDM Amritsar, the plaintiff has inherited half share; and defendants had inherited half share in the suit property. The plaintiff was entitled to get possession of her half share of the suit property. Accordingly, present suit for partition was filed on 30.03.2009.

6. Upon notice, defendants resisted the suit by filing written statement. Besides formal objections, the defendants had admitted that property in question belonged to Kartar Singh Bamrah but denied that after the death of Kartar Singh, the suit property devolved upon his three wives and three daughters. Defendants submitted that the plaintiff is not daughter of Kartar Singh; and that she is, in fact, daughter of one Hazara Singh, first husband of Charan Kaur. Plaintiff is stated to have no right, title or interest over the property left by Kartar Singh. Kartar Singh was only survived by his two daughters Bhupinder Kaur and Manjit Kaur. Bhupinder Kaur also died and her estate was inherited by her sister Manjit Kaur. Manjit Kaur also died and the defendants no. 2 to 4 are the legal heirs of Manjit Kaur and Harinder Singh (husband) are entitled to inherit the estate left by the deceased. There is no final order of SDM as the appeal against the said order is also pending. Defendants denied that the plaintiff has inherited 1/2 share of the estate left by Kartar Singh or that she is co-sharer in possession. Defendants being the only legal heirs of Kartar Singh deceased are in possession of the entire suit property. Defendants denied that they are liable to pay any mesne profit to the plaintiff. They are owners and in possession of the suit property and are not liable to pay any thing to the plaintiff. Denying all other allegations and contending the suit of the plaintiff to be false and frivolous one, the defendants made a prayer for dismissal of the suit.

7. On the basis of pleading