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2000 DIGILAW 1146 (PNJ)

Joginder Kaur v. Kanwalpreet Kaur

2000-09-21

V.K.JHANJI

body2000
JUDGMENT V.K. Jhanji, J. - Kulwant Singh son of Gurcharan Singh was owner of the suit land. He was 30 years of age when he died in an accident on 31.1.1995. Kanwalpreet Kaur and Navdeep Kaur claiming themselves to be the widow and daughter of Kulwant Singh filed suit, out of which the present appeal has arisen, against Joginder Kaur (mother of Kulwant Singh) and others for declaration to the effect that they are co-sharers in possession of suit land and Joginder Kaur has no right or interest whatsoever. Plaintiffs also sought decree for permanent injunction restraining Joginder Kaur etc. from alienating the suit land in any manner. In the alternative, they sought a decree for joint possession of the suit land. 2. In brief, the case of the plaintiffs was that being widow and daughter of Kulwant Singh, they have succeeded to the estate of Kulwant Singh and thus, are entitled to joint possession of the suit land. On the other hand, the case of the defendants was that the marriage of Kulwant Singh with Kanwalpreet Kaur was not valid inasmuch as her marriage with him was during the subsistence of first marriage of Kulwant Singh with one Devinder Kaur. They alleged that the marriage of Kulwant Singh with Devinder Kaur had not been dissolved by any decree of divorce and, therefore, Kanwalpreet Kaur, plaintiff, has no right or title to the property of Kulwant Singh. Defendants also set up Will dated 16.6.1990 allegedly executed by Kulwant Singh in favour of Joginder Kaur. 3. Trial Court on the basis of voters list for the year 1988 in which Devinder Kaur was described as wife of Kulwant Singh, held that marriage of Kanwalpreet Kaur with Kulwant Singh was during the subsistence of first marriage and, therefore, she is not entitled to inherit the estate of Kulwant Singh. However, plaintiff No. 2, namely, Navdeep Kaur, minor daughter of Kulwant Singh, was held entitled to inherit the estate of Kulwant Singh to the extent of 1/3rd share. The will set up by the defendants was not believed and the issue framed in that regard was decided against them. Feeling dissatisfied with the judgment and decree of the trial Court, Kanwalpreet Kaur and Joginder Kaur filed appeals before the first appellate Court. The will set up by the defendants was not believed and the issue framed in that regard was decided against them. Feeling dissatisfied with the judgment and decree of the trial Court, Kanwalpreet Kaur and Joginder Kaur filed appeals before the first appellate Court. In the appeals, first appellate Court on reappreciation of evidence, affirmed the finding of the trial Court in regard to the Will but set aside the finding in regard to the marriage of Kulwant Singh with Devinder Kaur. The learned first appellate Court held that there is nothing on record to show that Devinder Kaur was the wife of Kulwant Singh. Appeal filed by Kanwalpreet Kaur, thus, was accepted and the appeal preferred by Joginder Kaur was dismissed. As a result, suit filed by Kanwalpreet Kaur and Navdeep Kaur was decreed. Hence, the second appeal by Joginder Kaur. 4. In this second appeal, learned counsel appearing on behalf of Joginder Kaur (appellant herein) has challenged the judgment of the first appellate Court only to the extent whereby Devinder Kaur has been held not to be wife of Kulwant Singh. 5. After hearing the learned counsel and going through the record, I am of the view that there is no merit in the appeal. It is now the conceded case that Kanwalpreet Kaur was married to Kulwant Singh and that Navdeep Kaur was born to her from the loins of Kulwant Singh. Virsa Singh, brother of Kulwant Singh and attorney of Joginder Kaur, while appearing as DW-3 admitted that the relationship between Kulwant Singh, Kanwalpreet Kaur and Navdeep Kaur was cordial. Satnam Singh (PW-4) proved on record the marriage photographs of Kanwalpreet Kaur with Kulwant Singh. PW-1, Kuldip Singh, father of Kanwalpreet Kaur and PW-2, Raminderjit Singh, proved the marriage of Kanwalpreet Kaur with Kulwant Singh. Kanwalpreet Kaur while appearing as PW-3 also submitted to that effect. Regarding proof of relationship between Kulwant singh and Devinder Kaur, the only document produced on record is voters list for the year 1988. There is no corroborative evidence to prove that Kulwant Singh was ever married to Devinder Kaur. First appellate Court has noticed that the parliamentary/Assembly elections were held between 1988 to 1995 but no voters list for that period was produced. There is no corroborative evidence to prove that Kulwant Singh was ever married to Devinder Kaur. First appellate Court has noticed that the parliamentary/Assembly elections were held between 1988 to 1995 but no voters list for that period was produced. The case of the defendants is that Devinder Kaur was married to Kulwant Singh in the year 1981 and had left her in-laws house after 5/6 years of the marriage, i.e. in the year 1986-87, but voters list for the period she allegedly remained with Kulwant Singh, or any other documentary evidence in that regard, was not produced on record. Further, according to the defendants, Devinder Kaur is alive, but neither she nor anyone who may be related to her, has been examined. In absence of any evidence in this regard, the first appellate Court, in my view, is well- justified in saying that voters list for the year 1988 (Ex.D-8) needed a strong corroboration for its reliance and in absence of corroborative evidence in support thereof, the same cannot be relied upon to prove relationship between the parties. Counsel for the appellant has not been able to point out any other evidence other than the voters list for the year 1988, for proving that Kulwant Singh was ever married to Devinder Kaur. Accordingly, no case for interference in second appeal is made out. Resultantly, the appeal fails. It is accordingly dismissed. Appeal dismissed.