- (1.) Civil Misc. Application is allowed. Delay of 144 days in re-filing of the appeal is condoned. Regular Second Appeal No. 3350 of 2011 The plaintiff, having failed in two rounds of litigation, has approached this Court by filing the present regular second appeal.
(2.) Briefly stated, the plaintiff had instituted a suit for declaration to the effect that she being a daughter of Dalip Kaur widow of Bhajan Singh, was her natural legal heir and therefore, she was entitled to succeed her estate under Section 15 of the Hindu Succession Act, 1956 and she is owner to the extent of 1/5th share of land measuring 117 kanals, detail and description whereof has been given in the head note of the plaint. In the suit, she has sought annulment of the sale deed dated 29.9.2003 made by Dalip Kaur in favour of her unmarried daughter Amarjit Kaur, sister of the appellant/plaintiff and subsequent mutation executed on the basis thereof. It was stated that at the time of execution of the sale deed, Dalip Kaur was of unsound mind. It was further prayed that the suit for joint possession of 1/5th share qua the land on the basis of the title be decreed and as consequential relief, issuance of permanent injunction restraining defendant No. 1 from alienating the share of the plaintiff/appellant in the suit land to any one in any manner, was also sought.
(3.) It will be appropriate, at the first instance, to narrate the undisputed facts:- a) Bhajan Sigh was married with Dalip Kaur and she gave birth to one son and five daughters; b) Bhajan Singh had made a registered Will dated 1.6.1979 in favour of his wife Dalip Kaur; c) After the death of Bhajan Singh, Dalip Kaur succeeded to his estate and became absolute owner of the suit property; d) Sukhdev Singh son of Bhajan Singh and Dalip Kaur, had pre- deceased them; e) Dalip Kaur had executed the sale deed in favour of her unmarried daughter Amarjit Kaurdefendant/respondent No. 1, on 29.9.2003 and the same was registered in the office of the Joint Sub Registrar. This sale deed was termed as "Tabdeel Malqiat" (change of ownership) f) The sale deed and the subsequent mutation thereof have been assailed by the appellant/plaintiff whereas her other three sisters namely Seono, Surjit Kaur and Charanjit Kaur, defendants No. 2, 3 and 4 to the suit, have raised no such objection and are satisfied with the transfer of the land by Dalip Kaur in favour of their sister Amarjit Kaur.;