SUKHDEV SINGH Vs. BANT SINGH

JUDGEMENT

(1.) This is plaintiff's second appeal challenging the judgment and decrees of the courts below, whereby his suit for declaration to the effect that the plaintiff and proforma defendants were owner in possession to the extent of 7/12 share of the suit property and defendants No. 1 to 6 have no concern with the same, was dismissed.

(2.) In the present case, the plaintiff claimed the inheritance of Phaggu, Lehna Singh and Wazira on the ground that they pre-deceased Bhana (predecessor in interest of plaintiff). The defendants contested the suit and claimed that they being grandsons of Bakhtawar Singh, other brother of Phaggu etc., mutation of inheritance was rightly entered. The courts below, on appreciation of evidence, have recorded a concurrent finding of fact that plaintiff had failed to prove their case.

(3.) According to the learned counsel, the appellant was entitled to claim the property of Phaggu, Lehna Singh and Wazira on the basis of natural succession as Bakhtawar Singh and Sunder Singh had pre-deceased Bhana (predecessor in interest of appellant). The grievance of the plaintiff- appellant that his application under Order 41 Rule 27 C.P.C., to prove the date of death of Bakhtawar Singh and Sunder Singh to establish the contention that they had pre-deceased Bhana and therefore the plaintiff was entitled to inherit the property of Phaggu, Lehna Singh and Wazira, being their only surviving natural heirs, has been wrongly rejected.