BALWANT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS is Plaintiff's second appeal whose suit for possession of the agricultural land measuring 110 kanals 12 marlas has been dismissed by both the Courts below.

(2.) THE Plaintiff filed the suit on the allegations that the land, in dispute, belonged to one Mahan Kaur, widow of Jaimal Singh. The Plaintiff claimed himself to be the grandson of Sucha Singh a brother of Mahan Kaur, deceased. Since the Assistant Collector, 1st Grade, -vide his order, dated April 10, 1963, sanctioned the mutation of the suit land in favour of the Respondent State by way of escheat on the assumption that there was no heir of Mahan Kaur, deceased, the present suit was filed by the Plaintiff. The suit was contested on behalf of the Defendant State and the other Defendants and it was pleaded inter alia that the Plaintiff was not an heir of Mahan Kaur, deceased, as claimed by him. A plea was also taken that the Defendants had become the owner of some of the suit land by adverse possession. The trial Court found that Mahan Kaur had died after the coming into force of the Hindu Succession Act (hereinafter called the Act), and that the Plaintiff was the grandson of Sucha Singh, the brother of Mahan Kaur, deceased. It was also held that the property, in dispute, came to her from her husband. However, the Plaintiff was non -suited in view of the provisions of Clause (b) of Sub -section (2) to Section 15 of the Act, and it was held that he was not entitled to inherit the estate left by Mahan Kaur, deceased. In appeal, the learned Additional District Judge affirmed this finding of the trial Court and, thus, maintained its decree dismissing the Plaintiff's suit. Dissatisfied with the same, he has come up in second appeal to this Court.

(3.) ON the other hand, the Learned Counsel for the Respondent State contended that Clause (b) of Sub -section (2) of Section 15 of the Act, clearly provides that in case there was no heir of the husband as provided under Sub -section (1) of Section 15 of the Act, then the property will escheat to the State and the heirs of the father, as contemplated under Clause (d) of Sub -section (1) of Section 15, can not succeed to the estate of a female Hindu who had inherited; the property from her husband.