IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

253 RSA-4075-2018(O&M)

Date of decision: 28.01.2026 Dharamjit Kaur ...Appellant(s)

Vs.

Smt. Gurdev Kaur & Another ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. A.S. Narang, Advocate for the appellant.

Mr. Ashok Giri, Advocate Mr. Mohit Giri, Advocate for the respondents.

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NIDHI GUPTA, J.

Present second appeal has been filed by the plaintiff against the judgment of reversal dated 13.12.2017 passed by Additional District Judge, SAS Nagar (Mohali) whereby Civil Suit filed by the appellant seeking declaration as owner in possession of suit land and permanent injunction, although decreed by the ld. Trial Court vide judgment and decree dated 29.08.2013, has been dismissed by the learned first Appellate Court vide the impugned judgment and decree dated 13.12.2017.

2. It was the pleaded case of the appellant in the plaint that originally the suit land, as described in the head note of the plaint, was owned and possessed by her husband Gulzar Singh. Gulzar Singh had died; whereafter the suit property was inherited by the plaintiff along with her two sons and two daughters. Defendant No.1 is the daughter-in-law of the plaintiff being the wife of her late son Baljinder Singh. Defendant No.2 is the granddaughter of the plaintiff, born out of wedlock of defendant no.1 and Baljinder Singh. It was pleaded that relations between Baljinder Singh and defendant No.1 were strained. It was alleged that defendant No.1 had harassed Baljinder Singh to such extent that he had become a heart patient. As such, Baljinder Singh had filed a divorce petition under Section 13 of the Hindu Marriage Act. Eventually, both parties had arrived at a compromise and decided to dissolve their marriage by filing petition under Section 13-B of the Hindu Marriage Act; and it was mutually agreed that Baljinder Singh shall pay an amount of Rs.4 lakh to the defendants by way of full and final Settlement. Out of the said amount, Baljinder Singh had even paid Rs.50,000/- to the defendant No.1. A joint statement to this effect was made by them before the concerned Family Court on 16.02.2009. The next date for recording of second statement and for payment of remaining amount of Rs.3,50,000/- was fixed for 25.03.2009. However, unfortunately, Baljinder Singh died before that on 16.03.2009, as a result of which, the petition under Section 13-B was rendered infructuous. It was further pleaded that during the lifetime of Baljinder Singh, the plaintiff was looking after him. As a result, Baljinder Singh was stating openly that in case of any mishap, his property was to be inherited by his mother. It was further pleaded that Baljinder Singh had executed a Will dated 29.12.2008 in favour of the plaintiff in the presence of witnesses. It was averred that due to the shock of the death of her son, the plaintiff did not bother to get the Mutation sanctioned in her favour on the basis of the Will dated 29.12.2008. However, when she approached the Halqa Patwari for entering of Mutation, he told the plaintiff to come after a week. It was averred that when the plaintiff met the Patwari again, he said Mutation had already been sanctioned on the basis of natural succession in favour of the plaintiff and the defendants in equal share. Accordingly, on 23.01.2010, the plaintiff had filed the present suit for declaration as owner in possession of land 1/60 of Late Sh. Baljinder Singh (in addition to her own share) out of the land bearing Khasra Nos.21//1, 22//5, 206 and 21//3/3/2, 4/1, 5/1, 9/2, 9/3 and 1/270 share of late Sh. Baljinder Singh (in addition to her share) out of the land bearing Khasra No.7//27 Min, 7//27 min, 7//2 min, and 7//27 min as per jamabandi for the year 2002-03 situated within the revenue limits of village Saini Majra, Tehsil Kharar, Distt. SAS Nagar Mohali and 2/60 share of Baljinder Singh (in addition to her own share) out of land bearing Khasra Nos.3//21, 4//25/2, 9//5, 6/1, 10//1/1/1, 1/1/2, 10/460