BUDH SINGH Vs. MST ATC

JUDGEMENT

(1.) This is a defendants' appeal against an appellate decree of District Judge T.C. Sethi, dated the 14th April 1950 confirming the decree of the trial court decreeing the plaintiff's suit with costs.

(2.) Ishar Singh the last male holder was on his death succeeded by his widow Mst. Gulabi who died on the 31st August, 1943. On her death the land was mutated in favour of Mst. Ato who is the daughter of Ishar Singhs' pre-deceased son Kirpal Singh. She claimed the estate of Ishar Singh and a mutation was entered in her name as against the collaterals, but they were in possession and refused to hand over possession to Mst. Ato who brought the present suit on the 1st March, 1947 for the possession on the ground that she is a better heir than the collaterals under custom. The defence was that the plaintiff was not the daughter of Kirpal Singh and the defendants who were sixth degree collaterals had a preferential right to the estate. There were some other defences raised which are not necessary for the purposes of the appeal.

(3.) The trial Court held the plaintiff to be the grand-daughter of Ishar Singh being the daughter of Kirpal Singh, the defendants to be collaterals in the 6th degree and the property to be non-ancestral, it was not disputed by the defendants in the appellate Court that they were only sixth degree collaterals but the relationship of the plaintiff with Ishar Singh was challenged and it was held that she is the daughter of Kirpal Singh. The appellate Court also held that the land in dispute is non-ancestral and that the son's daughter is entitled to succeed in preference to sixth degree collaterals.