JITENDRA CHAUHAN, J. - (1.) This regular second appeal No.3046 of 1985 is preferred by Nachhattar Singh against the impugned judgment and decree dated 11.10.1985 passed by Additional District Judge, Faridkot, in Civil Appeal No.340/125 of 1983-84 vide which his appeal against the judgment and decree dated 1.9.1983 passed in Civil Suit No.704 of 1981 decreeing the suit of the plaintiff respondent, was dismissed.
(2.) The following pedigree table will be helpful in understanding the facts of the present case. Har Kaur, the mother of Angrej Kaur, pre-deceased her husband, Mal Singh, who died in the year 1940. Mal Singh contracted second marriage with Smt. Jeoni, who remained issueless. Smt. Jeoni inherited land in dispute from Mal Singh. Smt Jeoni died on 05.10.1980, issueless, as no child was born to Smt Jeoni from the loins of Mal Singh. Har Kaur died prior to the death of Mal Singh as already stated. Mutation No.4804 of Village Sukhna Ablu, regarding the estate of Smt Jeoni was sanctioned in favour of Smt Angrez Kaur being natural succession. These facts are not disputed.
(3.) Smt Angrej Kaur plaintiff filed a civil suit before the trial court that she had inherited the property of her step mother Smt Jeoni. The defendant Nachhattar Singh, who is nephew of Smt Jeoni had taken illegal and forcible possession of the suit land after the death of Smt. Jeoni. Since the plaintiff claims herself to be the sole heir of Smt Jeoni, the plaintiff submitted that she is entitled to take possession of land measuring 48 kanals 18 marlas of land situated in village Sukhna Ablu, Tehsil Mukatsar, the details of which are mentioned in the head note of the plaint.;