SAJJAN SINGH, ETC Vs. GURDIAL SINGH, ETC

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree of the Senior Subordinate Judge, Ferozepur, dated June 30, 1961, by which he accepted the appeal of Gurdial Singh and decreed the suit in his favour.

(2.) The facts which have given rise to this litigation are that Shrimati Kishno, widow of Wazir Singh, who was the owner of the property, died and a mutation was attested regarding her inheritance in favour of Shrimati Dhan Kaur, widow of Phuman Singh, defendant No. 3, full brother of Wazir Singh. She sold the land in dispute to defendants Nos. 1 and 2 for an amount of Rs. 2,000/- by a registered sale deed, dated February 14, 1959. Gurdial Singh son of Vir Singh and Balwant Singh son of Arjan Singh son of Vir Singh filed a suit for declaration that they were the heirs of Shrimati Kishno deceased. They also alleged they were the owners of the land in dispute and in its possession and that the mutation effected in favour of defendant No. 3 in respect of that land was illegal and ineffective. In order to understand the facts of this case, it will be better to reproduce the pedigree-table which is as follows :-

(3.) The plaintiffs stated that plaintiff No. 1 was the son and plaintiff No. 2 the grand-son of Vir Singh who was half brother of Wazir Singh. According to the Hindu Succession Act, 1956 (hereinafter referred to as 'the Act'), they were entitled to inherit the property in preference to Shrimati Dhan Kaur, defendant No. 3. The defendants contested the suit and inter alia pleaded that Shrimati Dhan Kaur was the widow of Phuman Singh who was full brother of Wazir Singh and had a preferential right to succeed to her estate. The trial Court came to the conclusion that mutation was sanctioned correctly in favour of Shrimati Dhan Kaur and it dismissed the suit of the plaintiffs. On appeal, the first appellate Court found that Gurdial Singh was only entitled to inherit the estate of Shrimati Kishno and it decreed the suit in favour. The first appellate Court, however, dismissed the appeal of Balwant Singh. Sajjan Singh and Harphul Singh, vendee-defendants, have come up in appeal to this Court against the said judgment and decree of the first appellate Court.