SINGARI Vs. BALBIR SINGH

JUDGEMENT

(1.) This appeal under clause 10 of the Letters Patent is directed against the decision of a learned Single Judge of this Court whereby the learned Single Judge reversed the decisions of the courts below dismissing the plaintiff's suit.

(2.) In order to appreciate the controversy a short pedigreetable of the parties may be stated :-

(3.) The last male-holder of the property in dispute was Kurra son of Taloka. During Kurra's life time, Mst. Pato his mother, had remarried Kurra No. 2. On Kurra's death the revenue authorities mutated his land in favour of Mst. Pato, his mother. One Tek Chand, claiming to be the nearest reversions of Taloka, brought a suit against Mst. Pato claiming that by reason of her remarriage she had lost the right to succeed to her son and, therefore, he being the nearest collateral of Taloka, was entitled to succeed. This suit was decreed on 11th August, 1931 (Exhibit P.1). The decree was for possession in favour of Tek Chand. An appeal against this decision failed and the trial Court's decree was affirmed on 2nd of June, 1932. Before Tek Chand could take benefit of this decree he was murdered. In spite of the decree, Mst. Pato continued to be in possession of the estate of her son. She died in April, 1956 and before the enforcement of the Hindu Succession Act. On 10th of July, 1956, mutation of the property held by her was entered in favour of Mst. Singari, daughter of Taloka from Mst. Kesar, the co-widow of Mst. Pato. The present suit was filed by Mst. Dharmo, daughter of Har Kaur, daughter of Mst. Pato. Both the Court below dismissed this suit holding the plaintiff to be a remoter heir than the defendant, but in second appeal the learned Single Judge reversed the decision of the Courts below and decreed the suit. Mst. Singari being dissatisfied, after obtaining leave, has filed an appeal under clause 10 of the Letters Patent.