MANGAL SINGH Vs. MANPHUL SINGH JAIMAL SINGH

JUDGEMENT

(1.) This is a plaintiffs second appeal from the judgment and decree of the learned District Judge, Ambala, reversing the decree of the trial Court and dismissing their suit

(2.) According to the plaintiffs-appellants, the land in suit was owned by one Hira Singh who is alleged to have died round about 1942 and on whose death Manphul Singh defendant founding his claim on the basis of an alleged will by Hira Singh in his favour got the mutation of the said land sanctioned in his own name. The plaintiffs claiming to be the daughter's sons of Punjab Singh, a collateral of Hira Singh deceased, instituted the suit, out of which this appeal has arisen, for possession of the land in question. Being cognates of Hira Singh deceased, the plaintiffs claim title to the inheritance of the property left by the deceased and it is asserted that the defendant is in no way related to the last male holder.

(3.) The defendant in his written statement admitted that the land in question was owned by Hira Singh, who was murdered during the fateful days of partition of the country in 1947 but he propounded a will in his favour said to have been validly made by Hira Singh. He also denied that the plaintiffs were the daughter's sons of Punjab Singh and even Punjab Singh's collateral relationship with Hira Singh was controverted. Time bar was also set up as a defence and it was further pleaded that he had got some of the suit land redeemed with the result that if the plaintiffs were to be held entitled to a decree for possession, the relief should be granted only subject to the payment to the defendant of the mortgage amount paid by him. The pleadings of the parties gave rise to a large number of issues but at this stage we are only concerned with the question of the relationship of the plaintiffs with the deceased Hira Singh. The trial Court granted a decree for possession as claimed by the plaintiffs subject to the payment of Rs. 1934/- to the defendant. The story of the will as pleaded by the defendant was disbelieved and the defendant was found not to be a collateral of Hira Singh in any degree. On the basis of these conclusions, the defendant's claim to the property in question was negatived. The plaintiffs were found to be the daughter's sons of Punjab Singh as alleged by them and Punjab Singh was found to be a collateral of Hira Singh deceased.