29.10. 23(O&M) .2025 .10.2025 aur Kulwinder Kaur Gulzar Singh & O & Ors v. …Appellan llant
Case Details
RSA No. 1406 of 6 of 2023 IN THE HIG HIGH COURT OF PUNJAB AND HAR HARYANA AT CHANDIGARH RSA No. 1406 of 2023 Reserved on: 28.10.202 Pronounced on: 29.10. 23(O&M) .2025 .10.2025 aur Kulwinder Kaur Gulzar Singh & O & Ors. Versus …Appellan llant …Respondent ents CORAM: HON’BL PTA N’BLE MR. JUSTICE DEEPAK GUPTA Argued by:- Mr. Mr. Raj Kumar, Advocate For the appellant. For t *** DEEPAK GUPTA, TA, J.
Legal Reasoning
It is plaintiff’s appeal against the co It is e concurrent findings of the Court ourts below, inasmuch uch as suit for declaration filed by trial d by her was dismissed by the tria Court on 07.12.2 12.2018, and the appeal preferred b ed by her was dismissed by the Firs First Appellate Court o urt on 28.02.2023. 2. Dispute pertains to the estate of Disp rried of Faquir Singh. He had married twice. From the the first wife Smt. Swarn Kaur, thre Singh three children namely, Gulzar Singh (defendant No.1 No.1), Mohinder Kaur (defenda ndant No.2) and Gurdeep Kau Kaur (defendant No.3 No.3) were born. After the death eath of Swarn Kaur, Faquir Singh Singh married Gurbax K bax Kaur (defendant No.8) and from from this second marriage, as man any as six children w n were born, who are sole plaintiff & 9. intiff and defendants N: 4 to 7, & 9 Faquir Singh died died on 18.09.2013 and mutation o ed in ion of inheritance was sanctioned in favour of his surv surviving wife Gurbax Kaur and all t all the children. 3. Plaintiff Kulwinder Kaur i.e., one o Plain Singh e of the daughters of Faquir Singh born from the w he wedlock of second wife Gurbax ation rbax Kaur, challenged the mutation and the subsequ equent revenue record by contend No.3 tending that in fact defendant No.3 Gurdeep Kaur h
Legal Reasoning
r had been adopted by Smt. Gurb urbachan Kaur, the sister of Faqui aquir Singh along with with her husband Malkiat Singh, w when said Gurdeep Kaur was jus s just JITEN SHARMA 2025.10.29 15:49 I attest to the accuracy and integrity of this document Page No. 1 of 3 RSA No. 1406 of 6 of 2023 two years old. It d. It was submitted by the plaintiff as no ntiff that as defendant No.3 was no longer daughter hter of Faquir Singh, so only pl plaintiff and defendants (excep xcept defendant No.3) o.3) were entitled to inherit the sui suit property to the extent of 1/9 1/9th share each. 4. Only defendant N:1 contested the Only the suit, as the other defendant ants were proceeded ded ex-parte. Defendant No.1 den No.3 denied adoption of defendant No.3 by Gurbachan Ka n Kaur and Malkiat Singh, as claim claimed by the plaintiff. He furthe rther denied that plain plaintiff has 1/9th share in the suit suit property and asserted that sh he had only 1/28 sh 8 share. Controverting the other ave issal r averments, he prayed for dismissa of the suit. 5. After taking evidence and apprais Afte raising the record, the trial Cour ourt dismissed the su e suit on 07.12.2018, and the find findings have been affirmed by th y the First Appellate C te Court. Both the Courts have c e concurrently found that plaintif intiff failed to prove t ve the adoption of defendant No. and No.3 by Smt. Gurbachan Kaur and Malkiat Singh, as , as was alleged by the plaintiff. 6. Assailing the aforesaid concurren Assa rrent findings, it is contended b d by learned counsel nsel that school certificate date dated 19.06.1966 issued by the the Government Prim Primary School Palahi reflected G d Gurdeep Kaur to be daughter o er of Malkiat Singh and and that said evidence has been w n wrongly ignored. 7. After appraising the entire record Afte rd, this Court does not find an any merit in the cont ontention. 8. As per evidence produced on file As p n on file, Gurdeep Kaur was born on 15.03.1960. Plain Plaintiff claimed that said Gurdeep K chan ep Kaur was adopted by Gurbachan Kaur and Malkia alkiat Singh, when she was only t ly two years old. No documentar ntary evidence regardi arding any such adoption has bee uced been produced. Plaintiff produced oral evidence, during which she was examined ned herself to support the case. Sh . She further examined ined Mohinder Singh as PW2 and R Iqbal nd Ranjit Kaur as PW3 besides Iqba Singh as PW4. JITEN SHARMA 2025.10.29 15:49 I attest to the accuracy and integrity of this document Page No. 2 of 3 RSA No. 1406 of 6 of 2023 9. As observed by the Appellate Cour As o Singh Court, though PW2 Mohinder Singh claimed that ado adoption of Gurdeep Kaur by Gur Singh Gurbachan Kaur and Malkiat Singh had taken place i ace in his presence, but he failed to d to disclose the date, month or yea year of any such adop doption. He could not even tell the itted l the place of adoption. He admitted that he had not not seen any document reflecting cting Gurdeep Kaur as daughter o er of Gurbachan Kaur aur and Malkiat Singh. According ht be ing to this witness, there might be some adoption ion deed, as adoption could not b PW4 ot be without any document. PW4 Iqbal Singh admi dmitted during cross-examination t place ion that adoption did not take place in his presence a ce and he was unable to disclose th se the date, month or year of ado dop- tion. The only ev y evidence to support the case of th of the plaintiff is a school certificat icate (Ex.PW3/2) show howing Gurdeep Kaur to be daught ughter of Malkiat Singh. 10. The Courts below have rightly held The ence eld that in absence of any evidence relating to giving ving and taking ceremony of adopti option, or any adoption deed or an r any photograph of a of adoption, mere entry in the s he school certificate could not be t be considered coge ogent enough to hold Gurdeep K p Kaur to be adopted daughter o er of Malkiat Singh and and Gurbachan Kaur. 11. In view of the aforesaid facts and cir In vi d circumstances, this Court does no s not find any reason son to disturb the concurrent findin y the indings of the facts recorded by the Courts below, in , in absence of any illegality or pe such, r perversity in the findings. As such holding the pres present appeal to be devoid of a of any merit, the same is hereb reby dismissed. 29.10.2025 Jiten Whe Whe hether speaking/reasoned hether reportable : Yes/No : Yes/No (DEEPAK GUPTA) JUDGE JITEN SHARMA 2025.10.29 15:49 I attest to the accuracy and integrity of this document Page No. 3 of 3