Prem Chand Jain, Acting C.J. - (1.) BALBIR Kaur has filed this appeal against the judgment and decree of the learned Senior Subordinate Judge, (Exercising the Enhanced Appellate Powers), Bhatinda, dated 23rd August, 1975, by which the judgment and decree of the trial Court, dated 19th September, 1973, were set aside and the Plaintiff's suit qua the relief of declaration and possession was dismissed.
(2.) IN order to appreciate the controversy, certain salient features of the case may be noticed: Tara Singh, deceased, was owner of 1/4th share in the suit land measuring 410 kanals 16 Marias. He married Narain Kaur, Gurnam Kaur and Ranjit Kaur, one after the other. Narain Kaur is alive; whereat Girnam Kaur and Ranjit Kaur pre -deceased him. Rajpal Singh, Satpal Singh, Jagpal Singh are his sons and Jaspal Kaur is his daughter from his two pre -deceased wives.
(3.) BALBIR Kaur brought a suit in the Civil Court at Phul for declaration that she being the daughter of Tara Singh from the womb of Narain Kaur and being one of his six heirs, is owner to the extent of 1/24th share in the suit land and that Tara Singh never executed a will bequeathing his properties to his other sons and daughter. The suit was contested by the other heirs of Tara Singh on the plea that Balbir Kaur was not his daughter and that a valid will was executed by the deceased.;