BALVINDER KAUR Vs. CHARAN KAUR

JUDGEMENT

(1.) THE plaintiff-appellant is in second appeal aggrieved against the judgment and decree of the Courts below arising out of suit for possession of her half share.

(2.) ONE Atma Singh had two sons, namely, Jit Singh and Mohar Singh. The plaintiff claims that she is the daughter of Mohar Singh and, therefore, is entitled to succeed to the estate of Mohar Singh to the extent of half share along with his brother Balvinder Singh. The said suit was filed in the year 1975 against the widow and minor children of Balvinder Singh. It was the case of the plaintiff-appellant that Mohar Singh and Atma Singh have died after the commencement of the Hindu Succession Act, 1956, and, therefore, she as a daughter of Mohar Singh is entitled to succeed to the estate of Mohar Singh along with his brother Balvinder Singh.

(3.) BEFORE this Court, learned counsel for the appellant has submitted that from the testimony of the witnesses of the plaintiff and birth certificate (Ex. PC), it is apparent that a female child was born in the family of Mohar Singh in the year 1951. Therefore, the findings recorded by the courts below that Atma Singh died at the time of partition of the country and Mohar Singh had pre-deceased him cannot be sustained.