CHAND SINGH Vs. NAND SINGH

JUDGEMENT

(1.) THE plaintiff is in appeal. He filed suit for possession. He claimed that he was entitled to the estate of Narain Singh to the exclusion of defendant-Nand Singh on the basis of his being the son of Phuman Singh as well as on the basis of Will dated September 23, 1974 claimed to have been executed by Narain Singh.

(2.) ONE Dal Singh had two sons, namely, Khazan Singh and Sher Singh. Khazan Singh had two sons, namely Narain Singh and Harnam Singh. Harnam Singh died issueless and widowless. Narain Singh also had no widow or issue. His estate is in dispute. The other son of Dal Singh, namely, Sher Singh had three sons, namely Jiwan Singh, Panjab Singh and Kheona Singh. Panjab Singh and Kheona Singh also died issueless. Jiwan Singh had two sons, namely, Kehar Singh and Phuman Singh. The plaintiff claimed that he was the only son of Phuman Singh, whereas the claim of the defendant is that he was also the son of Phuman Singh. The plea of defendant that he is son of Phuman Singh was contested by the plaintiff.

(3.) THE matter was taken up in appeal. In appeal also, the learned first appellate Court re-appraised the entire evidence and affirmed the findings recorded by the learned trial Court. The appeal of the plaintiff also failed before the learned first appellate Court.