NANAK SINGH Vs. CHHINDO

JUDGEMENT

(1.) THE following pedigree -table will be helpful in understanding the facts of this case : -

(2.) THE facts giving rise to this second appeal are these. Bela Singh died on 26th March, 1947. His property was mutated in favour of his widow Shrimati Nanti on 11th June, 1947. She died in December, 1948 and thereafter, the said property was mutated in favour of Nanak Singh and Sewa Singh in June, 1949. In August, 1958, Chindo brought a suit for possession of this property against Nanak Singh and Sewa Singh on the ground that the said property was originally occupied by her father Bela Singh and the same was non -ancestral qua the defendants. She was a preferential heir as against the defendants and was entitled to get possession of the same as against them. She denied that the defendants were the collaterals of her deceased father. Her case, in the alternative, was that at any rate, she was entitled to remain in its possession till her marriage.

(3.) ON 14th July, 1959, the Senior Subordinate Judge held that the property was ancestral and the parties were governed by custom. The defendants were the third degree collaterals of Bela @page -PunjHar221 Singh and the plaintiff was his daughter. She was, therefore, entitled to get possession of the property in question for her maintenance and retain the same till her marriage, after which the possession of the property would revert to Nanak Singh and Sewa Singh, who were superior heirs to the said land.