SALVINDER KAUR Vs. CHARAN KAUR AND OTHERS

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.) The defendants contested the suit and denied the relationship of the plaintiff with Mohar Singh as that of daughter. It was also alleged that Mohar Singh and Atma Singh have also died prior to the commencement of the Hindu Succession Act, 1956. Both the courts have returned a concurrent finding of fact that the appellant is proved to be the daughter of Mohar Singh but dismissed the suit after returning a finding that Mohar Singh is not proved to have died after the commencement of the Hindu Succession Act, 1956.