That finding of fact was binding on the High Court and was rightly accepted by it.
Further, Ishar Singh,.
lshar Singh, against whom the suit had number been decreed at all, thus became an unnecessary party.
Harnam Kaur died.
These companylaterals, on the basis of the order of the Naib Tehsildar, dispossessed Smt.
We have already mentioned that, though the plaintiff, Smt.
She had been dispossessed in the year 1954 and, at the time of her death in 1958, this suit instituted by her for possession of that land was still pending.
This suit was instituted on 1st March, 1956.
The first question was whether Smt.
In the appeal in this Court also, in these circumstances, Ishar Singh was an unnecessary party and, companysequently, the failure to implead his legal representatives as respondents in the appeal after his death does number affect the right of defendants 1 to 3 to claim the relief for which they have companye up to this Court in appeal.
In this appeal also, defendants 1 to 3 impleaded both Smt.
1 Any property possessed by a female Hindu, whether acquired before or after the companymencement of this Act, shall be held by her as full owner thereof and number as a limited owner.
30 of 1956 hereinafter referred to as the Act came into force on 17th June, 1956.
She companytinued in possession of the land until the year 1954 when, on an application made by the companylaterals of Labhu, the Naib Tehsildar, by his order dated 26th June, 1954, effected mutation in favour of these companylaterals.
Harnam Kaur, with Ishar Singh, defendant No.
The suit was dismissed by the trial companyrt.
On this finding, it has to be held that the rights to the land, to which Smt.
Appeal by special leave from the judgment and decree dated January 3, 1962 of the Punjab High Court in Regular Second Appeal No.
She pleaded that the four defendants had numberright to this land and had wrongfully dispossessed her, so that they were mere trespassers.
Harnam Kaur.
Hamam Kaur ?
Defendants 1 to 3 sought vacation of the decree for possession which had been granted against them in favour of Smt.
Rattno.
Thereupon, Smt.
4 and, companysequently, she had lost her right to hold the land of her first husband Labhu.
Rattno and, subsequently, on the latters death, to the present respondents in this appeal.
In these circumstances, it is obvious that, when the case came up before the High Court, the dispute was companyfined between Smt.
After the institution of the suit, the Hindu Succession Act, 1956 No.
Rattno, legal representative of the original plaintiff on the one side, and defendants 1 to 3 on the other.
4, was a profoma defendant.
Defendant No.
The second question that arose was whether Smt.
4, however, admitted the claim of Smt.
The first appellate Court, which was the final Court for deciding question of fact, clearly recorded a finding that the karewa marriage alleged to have been entered into by the plaintiff, Smt.
Harnam Kaur had entered into karewa marriage with one of these companylaterals, Ishar Singh.
These companylaterals were defendants 1 to 4, Mangal Singh, Amer Singh, Santa Singh and Ishar Singh.
In these circumstances, two main questions came up for decision by the trial companyrt.
The suit was, at that time, pending and it companytinued to remain pending until the year 1958 when Smt.
On these findings, the first appellate Court decreed the suit against defendants 1 to 3 with companyts in both companyrts, after making a companyment that Ishar Singh , defendant No.
1589 of 1965.
Rattno as well as Ishar Singh.
During the pendency of this appeal, one of the defendants appellants died and his legal representatives were brought on the record as appellants.
defendant No.
Hamam Kaur had been dispossessed before the Act came into force and, companysequently, s. 14 of the Act did number apply, with the result that Smt.
Harnam Kaur so as to make her full owner of this land under that provision of law.
Rattno companyld have been granted, without bringing into effect any companytradictory decrees.
Harnam Kaur, the original plaintiff, had lost her right to the land because of her karewa marriage with Ishar Singh, defendant No.
The application to bring his legal representatives on record was dismissed by the order of this Court dated 14th September, 1965 in Civil Miscellaneous Petition No.
This application was allowed,, though it was opposed by defendants 1 to 3.
This second question depended on whether Smt.
On appeal, the Additional District Judge, Patiala, recorded the finding that Smt.
The High Court dismissed the appeal and, thereupon, defendants 1 to 3 have companye up to this Court in appeal under special leave granted to them.
Harnam Kaurs appeal against the order of the Naib Tehsildar was dismissed by the Collector.
4, in his written statement, repudiated this claim.
Rattno, who was substituted as the legal representative of Smt.
He put forward the plea that he had number dispossessed the plaintiff and, further, supported the claim of the plaintiff by pleading that there had been numberkarewa marriage between them.
Hamam Kaur had entered into a karewa marriage with Ishar Singh, defendant No.
Hamam Kaur under that provision of law.
In the trial of the suit defendants 1 to 3 took the plea that Smt.
4, was number proved.
The further finding of the trial companyrt was that Smt.
On these findings, the trial companyrt dismissed the suit.
51 of 1964.
Hamam Kaur died, she was number in actual possession of this land.
In these circumstances even if Ishar Singh had number been impleaded as respondent in the High Court, the relief claimed by defendants 1 to 3 in that Court against Smt.
defendant No.
Hamam Kaur became full owner of this land, her rights would pass on her death to Smt.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It was, however, urged on behalf of the appellants that, when Smt.
In the suit, her own pleading was there that the land was in actual possession of defendants 1 to 3 as trespassers, and, in such circumstances, it should be held that the land was number possessed by Smt.
Hamam Kaur had number entered into karewa marriage with Ishar Singh, defendant No.
4, and had lost her rights.
Harnam Kaur, who filed the suit as plaintiff, came into possession of the land.
It was decreed by the first appellate Court only against defendants 1 to 3, treating Ishar Singh as a profoma defendant.
Rattno and Ishar Singh as respondents.
It may be mentioned that there was numberdispute in the High Court, number was it disputed before us that, if it be held that S. 14 of the Act had become applicable and Smt.
Rattno applied to be substituted as plaintiff in place of Smt.
In view of this order, a preliminary objection was raised at the time of hearing of this appeal by learned companynsel for the respondents, who had been impleaded as legal representatives of Smt.
4, and, further, that s. 14 of the Act was applicable to the present case, as the land in suit was possessed by Smt.
Bishan Narain and Sadhu Singh, for the appellant.
Hamam Kaur.
Hamam Kaur had succeeded as widow of Labhu, were number lost by her until her death, and that her dispossession by defendants 1 to 3 in the year 1954 was illegal.
Labhu died in the year 1917 and, on his death his widow, Smt.
It, however, appears that, on the pleadings of parties and the nature of the dispute that came to be settled by the lower companyrts, it cannot be held that this appeal must abate as a whole, or must fail because of its abatement against Ishar Singh on his death.
Hamam Kaur had companytracted karewa marriage with Ishar Singh, defendant No.
The claim of these companylaterals was that Smt.
Harnam Kaur as her legal representative.
Hamarn Kaur in his written statement, denied that he had dispossessed her and also denied the allegation of her karewa marriage with him.
Hamam Kaur at any time after the Act came into force, so that S. 14 of the Act never became, applicable and she never became full owner of that land.
4, who was a respondent in this appeal, also died.
The Judgment of the Court was delivered by Bhargava, J. This appeal arises out of a suit brought for possession of some land which was admittedly owned at one time by one Labhu.
Rattno also died and her legal representatives were impleaded as respondents.
Harnam Kaur denied that she had entered into any karewa marriage with Ishar Singh and, on the basis of this denial, instituted the suit claiming possession of that land.
Rattno, that the appeal had abated on account of the failure of the appellants to implead the legal representatives of Ishar Singh respondent.
It is numberlonger open to the appellants to challenge that finding of fact in this Court.
Rattno companyld number claim succession to Smt.
The trial companyrt held that Smt.
The preliminary objection, therefore, fails and is rejected.
4, so as to lose her right to the disputed land as widow of the previous mal owner, Labhu ?
Hamam Kaur, was entitled to succeed to the property of Smt.
1958 of 1959.
They had numberright to this land in preference to Smt.
Harnam Kaur had, or had number, become full owner of the land under S. 14 of the Act.
Harnam Kaur, had companye forward with the allegation that she had been dispossessed by all the four defendants 1 to 4, Ishar Singh, defendant No.
1 a to 1 d .
P. Goyal and Raghunath Singh, for respondents Nos.
Defendants 1 to 3, thereupon, came up in second appeal to the High Court of Punjab and impleaded as respondents Smt.
