LAWS(P&H)-2005-3-84

BANT SINGH Vs. HARNAM KAUR

Decided On March 09, 2005
BANT SINGH Appellant
V/S
HARNAM KAUR Respondents

JUDGEMENT

(1.) THE plaintiffs are in second appeal aggrieved against the judgment and decree passed by the Courts below whereby the suit for declaration to the effect that the plaintiffs were sole owners with possession of the land measuring 49 kanals 19 marlas was dismissed.

(2.) ONE Narain Singh was owner of the suit land. He had three daughters, namely, Dhan Kaur, Sadan Kaur and Nikko. After the death of Narain Singh, his estate was inherited by Gurbachan Singh, son of Nikko. The dispute in the present appeal is to the inheritance after the death of Gurbachan Singh. The plaintiffs are the legal heirs of Dhan Kaur and Sadan Kaur whereas the defendants are the other son and daughter of Nikko, Gurbanchan Singh had died unmarried and issueless.

(3.) THE suit was dismissed by the Courts below, inter alia, on the ground that the plaintiffs have not been able to prove adoption deed dated 16.12.1921 and that in previous judgment Ex.D3 dated 24.3.2006 B.K., there was a finding that there was no valid adoption of Gurbachan Singh by Narain Singh.