DHAN KAUR Vs. BANT SINGH

JUDGEMENT

(1.) This Regular Second Appeal has been filed by defendant Nos. 1 to 3 against the Judgment and decree dated 23-1-1980 passed by Additional District Judge, Sangrur, vide which suit of the plaintiffs for declaration to the effect that they are owners in possession of the land in question was decreed.

(2.) The dispute in this appeal is about the estate of one Sajjan Singh. The plaintiffs are the sons of uncle of the said Sajjan Singh. Defendant No. 1 is the sister and defendant Nos. 2 and 3 are sons of another sister of Sajjan Singh. Defendant No. 4 is the father of the plaintiffs. The plaintiffs were claiming the property of Sajjan Singh on the basis of a Will dated 30-12-1969, whereas defendant Nos. 1 to 3 claimed the said property on the basis of natural succession.

(3.) The brief facts of the case are that there were two brothers Chetan Singh and Narain Singh. Narain Singh was having two sons, namely Gajjan Singh and Sajjan Singh and two daughters, namely Dhan Kaur and Kaki. Both the aforesaid brothers were having equal share in the land measuring 305 Kanals, 17 Marias situated in Village Sekhuwas. The dispute is about the half share owned by Narain Singh. The case of the plaintiffs is that on the death of Narain Singh prior to the year 1956, his half share was inherited by his two sons Gajjan Singh and Sajjan Singh. Subsequently Gajjan Singh also expired in the year 1953 i.e. much before the enforcement of the Hindu SUCCESSION ACT, 1925, 1956. Therefore, his share in the disputed land was inherited by his brother Sajjan Singh, as at that time his two sisters, namely Dhan Kaur and Kaki, were not entitled to any share in the property. According to the plaintiffs, Mutation No. 4063, dated 18-8-1968 was wrongly sanctioned in favour of the aforesaid two sisters of deceased Gajjan Singh to the extent of 1/16 share each and in favour of Sajjan Singh to the extent of 1/8 share. It was pleaded by the plaintiffs that Sajjan Singh was unmarried and issueless. He executed a Will in their favour on 30-12-1969 regarding his entire property and subsequently, he renounced the world, and for the last more than seven years, he was not heard of, therefore, presumed to be civilly dead. Thus, on the basis of the aforesaid Will, they became owners in possession of the land in question owned by Sajjan Singh.