KUNDAN SINGH Vs. JITA SINGH

JUDGEMENT

(1.) TARA Singh son of Jita Singh was murdered by the defendant appellants on 29.7.1986. The appellants were convicted by the Sessions Judge and the conviction was maintained by this Court in appeal. Plaintiff respondents, that is Jita Singh 'father', Nihal Kaur 'Mother', Gurmit Kaur 'wife', Jagtar Singh 'son' and Kartar Kaur sister of Tara Singh filed a suit for recovery of Rs. 50,000/- as damages on account of murder of Tara Singh. The trial Court decreed the plaintiffs' suit for a sum of Rs. 10,000/- within the meaning of section 50 of the Evidence Act by believing the evidence of conduct that they were not mother and wife respectively of Tara Singh 'deceased and, therefore, no portion of compensation was granted in their favour. Jagsir Singh born posthumously was held to be the son of Tara Singh deceased.

(2.) DEFENDANTS flied R.F.A. No. 61 of 1972 praying for. acceptance of appeal and dismissal of the suit. in toto and the plaintiff respondents filed R.F.A. No. 63 of 1972, claiming enhancement of the compensation from Rs. 10,000/- to Rs. 50,000/-. Both the appeals were heard together and disposed of by a single order. The appeal filed by the defendant-appellants (R.F.A) No. 61 of 1972) was dismissed whereas the appeal filed by the plaintiff respondents (R. F. A. No. 63 of 1972) was accepted and the compensation was increased to Rs. 50,000/- Defendants have filed the present letters patent appeal against the aforementioned judgment of the learned Single Judge enhancing the compensation from Rs. 10.000/- to Rs. 50.000/-.

(3.) FOR the reasons recorded above, we uphold the impugned judgment of the learned Single Judge and dismiss the appeal with no order as to costs.