GURBACHAN SINGH Vs. KHICHAR SINGH

JUDGEMENT

(1.) THE sole question to be determined in this second appeal is whether Khichar Singh plaintiff-respondent is entitled to succeed to the estate of Smt. Sant Kaur. Facts as are necessary for proper disposal of the appeal may be stated in a narrow compass.

(2.) MEHAR Singh, a Subedar in the Army, was married to Smt. Sant Kaur and they had a son Jung Singh, Mehar Singh died on active service and his son Jung Sing was allotted to Smt. Sant Kaur as widow of Mehar Singh. She contracted a Karewa marriage with Kishan Singh brother of her deceased husband and from the loins of said Kishan Singh, the plaintiff was born. Jung Singh left no issue or a widow and on partition of the country, the suit land was allotted to Smt. Sant Kaur in lieu of one left by her in Pakistan. She continued in possession of the same till the Hindu Succession Act (hereinafter called the Act) came into force on 17th June, 1956. Smt. Sant Kaur died on 5th December, 1956, and a dispute about inheritance arose between the plaintiff and defendants who are sons of another brother of Mehar Singh. The plaintiff has based his claim to succeed to the estate of Smt. Sant Kaur on the ground that he is her son and entitled to succeed under clause firstly of Section 15 (1) (a ). Defendants resisted the suit and on the pleadings of the parties the following issues were framed; 1. Whether deceased Sant Kaur was not full owner of the property in suit on th date of her demise? 2. Whether the plaintiff is the son of Sant Kaur?

(3.) WHETHER the plaintiff is in possession of the land in suit? If not, what is its effect?