GURBACHAN SINGH Vs. ICHHAR SINGH AND ORS.

JUDGEMENT

(1.) THIS regular second appeal is directed against the order of the learned District Judge, Jullundur, affirming the judgment and decree of the learned Sub -Judge 1st Class, dismissing the Plaintiff -Appellants suit for possession by inheritance of the land in question. It is not necessary to state in detail all the facts in controversy. Suffice it to say that the Learned Counsel for the Appellant has very frankly conceded that without admitting the additional evidence which he seeks to adduce under Order 41, Rule 27, Code of Civil Procedure , it is not possible for him to assail the findings of fact arrived at by the learned lower appellate Court.

(2.) TO appreciate the question relating to the admission of additional evidence, it may be observed' that the two pedigree -tables, reproduced in the judgment of the learned District Judge show Sewa Singh and Dana as the respective heads of families represented by these pedigree -tables. The simple question on which depends the fate of controversy is whether or not these two persons Sewa Singh and Dana were real brothers. The Courts below have found that they were real brothers and on this basis the Plaintiff's claim to succession has been negatived and that of the Defendants upheld.

(3.) NOW an attempt was also made before the learned District Judge to adduce additional evidence but the same was disallowed with the following observations: