JANGIR SINGH Vs. BHUPINDER SINGH

JUDGEMENT

(1.) Suit for declaration filed by plaintiff - Jangir Singh (through his LRs} was dismissed by the trial Court on 17/3/2014. During pendency of the suit, said Jangir Singh had expired and his LRs were brought on record. Different LRs of Jangir Singh brought two separate appeals against the judgment of the trial Court. Both those appeals were heard together and were dismissed by the First Appellate Court on 12/5/2017, thus, affirming the judgment of the trial Court. Against these concurrent findings, some of the LRs of plaintiff - Jangir Singh have approached this Court by way of present regular second appeal.

(2.) Ld. counsel for the appellants has been heard and paper-book perused.

(3.) It is not in dispute that Mukhtar Singh was owner of the suit property. He was married to Surjit Kaur. They did not have any natural issue. Plaintiff - Jangir Singh is real brother of Mukhtiar Singh and it is claimed by him that after the time of death of Mukhtiar Singh and his wife Surjit Kaur, he was the only legal heir and so, he is entitled to inherit the suit property. He challenged the adoption deed dtd. 13/10/1993, whereby defendant No.l -Bhupinder Singh (respondent N: 1 herein), natural son of defendant No,2 - Sukhdev Singh (respondent N: 2 herein) was shown to have been adopted by Mukhtiar Singh. He also alleged mutation Nos.7471, 8286 and 8740 regarding succession of Mukhtiar Singh and Surjit Kaur to be null and void.