JOGINDER SINGH Vs. RULDA SINGH AND OTHERS

JUDGEMENT

(1.) FACTS giving rise to this second appeal are set out in detail in my order dated the 14th March, 1960, in Second Appeal from Order No. 21 of 1958 (Joginder Singh v. Rulda Singh). I dismissed that appeal against the remand order. While dismissing the appeal I directed that the only matter which the lower appellate Court has to settle is to find out who are the heirs of Smt. Aso under section 15 of the Hindu Succession Act, 1956, Smt. Aso having become the absolute owner of the property inherited by her from her son.

(2.) THE learned Additional District Judge has held that the plaintiff, who is the collateral of the husband, is a better heir than the brother's son of the lady, and in this view of the matter the plaintiff's suit has been decreed. Against this decision the present second appeal has been preferred.

(3.) FOR the reasons given above, there is no merit in this appeal, the same fails and is dismissed, but there will no order as to costs.