JAGAN SINGH AND OTHERS Vs. CHATIN KAUR

JUDGEMENT

(1.) The controversy in appeal here is with regard to the plaintiff's claim to have become owners of the land in suit by adverse possession. The contest being between the daughter and the 5th degree collaterals of Tarlok Singh - the last male holder.

(2.) Tarlok Singh was the original owner of the land in suit. He died leaving behind his widow Har Kaur who came into possession thereof on his death. The dispute regarding this property arose only after the death of Har Kaur. The plaintiffs being the 5th degree collaterals of Tarlok Singh claimed a preferential right of succession over his daughter, Chatin Kaur defendant, by pleading a custom to this effect and asserting that the land in suit was ancestral.

(3.) Both the ancestral nature of the property and the custom pleaded was controverted by the defendant Chatin Kaur and indeed it was the finding of both the Courts below that the land in suit was not ancestral. This being so, there can be no manner of doubt that the plaintiffs had no claim to the land by virtue of any custom set up by them. It is on this account that the plaintiffs claim to have become owners of the land in suit by adverse possession, becomes of material significant in this case.