KIRPA SINGH PUNJAB SINGH AND ORS. Vs. STATE THROUGH REVENUE MINISTER OF PATIALA AND EAST PUNJAB STATES UNION AND ORS.

JUDGEMENT

(1.) THIS second appeal arises out of a suit for possession. The suit relates to the inheritance of the property of one Sunder Singh a Bath Jat of village Bathan. He died issueless leaving his widow Mst Bhagwani who also died on 16 -8 -1990 Bk. Out of the suit land 88 big has and 14 bis was is under mortgage with possession with Defendants No. 2 and 20 big has and 10 bis was with a share in the Shamilat is under mortgage with Defendants No. 3. The remaining land measuring 46 big has and 8 bis was is in possession of the State Government through the tenants who pay rent to the Govern -ment. After the death of Mat. Bhagwani the Government entered into possession of this land as Sunder Singh had left no heir and the property escheated to the State.

(2.) THAT in any case they being Pattidars of the Patti in which the suit property lies and the Patti being homogeneous were entitled to the suit land to the exclusion of the Defendants.

(3.) WHETHER this Court has no jurisdiction to hear this case? On Defendants.