NARAIN SINGH Vs. KAPUR SINGH

JUDGEMENT

(1.) THIS is an appeal brought against a judgment and decree of the Additional District Judge, amritsar, dated 22-7-1947 affirming the decree of the trial Court by which the suit of the plaintiffs was dismissed.

(2.) BRIEFLY stated, the facts are that Paten Singh, the last male holder, died in or about 1906 leaving 419 'kanals' 11 'marlas' of land which was inherited by his widow Raj Kaitr. On 3-3-1926 raj Kaur adopted her daughter Har Kaur's son Kapur Singh. Some of the plaintiffs including narain Singh brought a declaratory suit challenging the adoption which was decided on 10-5-1928 and is Ex. P-7. The defendants in that suit were Raj Kaur, the widow of Fateh Sing, kapur Singh, a son of Har Kaur and a grandson of Fateh Singh, and Har Kaur was not a party. The suit had been brought for a declaration that the adoption of Kapur Singh by Mt. Raj Kaur was invalid according to custom and would not affect the reversionary rights of the plaintiffs. The first issue was in regard to relationship, and in Ex. p. 7 it has been stated that this issue was decided by an order dated 9-2-1928, Evidently the finding was in favour of the then plaintiffs, but it is not clear what was the relationship claimed nor is it clear as to what exactly the finding of the Judge was, excepting that he held that the plaintiffs had a right to bring the suit. It was also held in that suit that the property was not ancestral and that according to the 'riwaj-i-am' the daughters were excluded from inheritance.

(3.) IN 1943 Raj Kaur died and mutation was effected in favour of her daughter Har Kaur. The plaintiffs, Narain Singh and others who claimed to be 7th degree collaterals, brought a suit for possession claiming that they were preferential heirs to Har Kaur. Both the Courts have found that the plaintiffs have not been proved to be collaterals of the seventh degree, that the property is not ancestral and that the daughters are preferential heirs as against the plaintiffs in regard to self-acquired property.