BACHITTAR SINGH Vs. GURNAM KAUR

JUDGEMENT

(1.) Bachittar Singh has filed this appeal under clause X of the Letters Patent against the judgment and decree of a learned Single Judge of this Court dated 14th of January, 1976, by which his suit was dismissed.

(2.) In order to appreciate the controversy raised before us, certain salient features of the case deserve to be narrated but before doing so, it would be useful to notice the pedigree table which is as follows :

(3.) Smt. Gurnam Kaur, defendant, succeeded to the estate of her father Fateh Singh in the year 1929 on the death of her mother Smt. Ram Kaur, who had succeeded her husband Fateh Singh. Mutation of inheritance in this regard was entered on 5th of June, 1929 vide mutation No. 504 (Exhibit P-7). In the year 1942, Gurnam Kaur collaterally succeeded to the estate comprising 8-1/2 Standard Kanals of land of Smt. Chand Kaur, widow of Gurmukh Singh regarding which mutation of inheritance was sanctioned. Bachittar Singh plaintiff-appellant, a near collateral of Fateh Singh deceased was recorded as 'tenant-at-will' under Smt. Gurnam Kaur defendant-respondent on payment of Hasab Rasad Parta Dehi on account of relationship, In the village, consolidation proceedings took place and the land which stood, in the ownership of Gurnam Kaur, was included by the consolidation authorities in the Kurrah of Bachittar Singh, plaintiff to the extent of one half and the remaining one-half in the Kurrah of defendant Nos. 2 and 3, and the name of Smt. Gurnam Kaur was struck off from the ownership column.