DALIP SINGH Vs. KARNAIL SINGH

JUDGEMENT

(1.) Allowed as prayed for, subject to all just exceptions. Legal heirs of Sh.Jagir Singh as mentioned in paragraph 2 are impleaded as party to the present appeal.

(2.) Plaintiffs-appellants are in Regular Second Appeal against concurrent finding of facts arrived at by the Courts below, while dismissing the suit filed by them. The plaintiffs claim share in the property left by Late Smt. Ishar Kaur, who died in the year 1996. Plaintiffs claim that Smt. Ishar Kaur was initially married with Khazan Singh and plaintiffs (children) were born from the wedlock of Khazan Singh and Smt. Ishar Kaur. After the death of Khazan Singh, Smt. Ishar Kaur is said to have re-married with Gian Singh. After the death of Gian Singh, certain property came to the share of Smt. Ishar Kaur. On her death, the inherited property from Gian Singh, was mutated in favour of Karnail Singh (respondent herein) born from the wedlock of Smt. Ishar Kaur anad Gian Singh.

(3.) Defendants contested the suit and claimed that Smt. Ishar Kaur was neither married to Khazan Singh nor the plaintiffs are her children. Both the Courts on appreciation of evidence have found that the plaintiffs have failed to prove that they are children of Smt. Ishar Kaur and Khazan Singh.