BANT SINGH Vs. NIRANJAN SINGH

JUDGEMENT

(1.) Application of Section 50 of the Indian Evidence Act, 1872 is involved in this appeal which arises out a judgment and order dated 27.8.2003 passed by a learned Single Judge of the Punjab and Haryana High Court in Regular Second Appeal No. 1290 of 1982 allowing the appeal from a judgment and order dated 12.3.1982 passed by the Additional District Judge, Patiala setting aside the judgment and decree dated 31.3.1981 passed by the Subordinate Judge, First Class, Patiala decreeing the suit of the respondents. Before embarking upon the said question, we may notice the genealogical tree of the parties. <FRM>JUDGEMENT_452_JT2_2008_1.html</FRM>

(2.) Chartu died in 1935. According to the appellants upon death of Chartu, the properties devolved upon his sons Munshi and Bakhtawar in equal shares. Entries in that behalf in the revenue records were made showing interest of Munshi and Bakhtawar in equal shares.

(3.) On or about 16.6.1956, Munshi Singh died. His share in the property was inherited by his son Niranjan Singh. To the same effect allegedly mutation in the revenue records was carried out. Bakhtawar, the other son of Chartu died on 25.10.1972. The share of Bakhtawar Singh in the said property was mutated in favour of Niranjan Singh, son of Munshi Singh and Bant Singh and Bachan Kaur, son and daughter of Nandi, being his class two heirs. On or about 28.7.1978, the respondent herein filed a suit challenging the said order passed by the Revenue Officer in the mutation proceedings, inter alia, claiming that the property was a joint coparcenary property and, thus, Nandi did not derive any interest therein. It was furthermore contended that Nandi was not the daughter of Chartu. The learned Trial Judge in view of the pleadings of the parties framed the following issues :