RANJIT SINGH Vs. HARBANS KAUR

JUDGEMENT

(1.) The dispute, in this case, pertains to inheritance of property of Manjit Singh son of Jagat Singh. Plaintiffs are Harbans Kaur mother (since deceased) now represented by her legal heirs, Tarsem Singh and Jaswinder Singh @ Balwinder Singh brothers of Manjit Singh while defendant no. 1 is brother of Manjit Singh and defendants no. 3 and 4 are his sisters.

(2.) Jagat Singh father of Manjit Singh died in the year 1964 and was survived by four sons (including Manjit Singh) and two daughters. He left behind agricultural land measuring 20 kanals 9 marlas and one residential house in village Loharan, tehsil and District Jalandhar. On his death, the aforesaid property came to the share of his four sons, two daughters and wife in equal shares by natural succession.

(3.) Case of plaintiffs, in brief, is that in 1971 Manjit Singh went to Madhya Pradesh to stay with Tarsem Singh-plaintiff no. 2 for his employment but did not reach him and has not been heard of after 1971 by those who would naturally have heard of him, if he had been alive. In the instant suit, plaintiffs sought declaration to the effect that share of defendant no. 2 (Manjit Singh) in the property left by his father has been inherited by plaintiffs no. 1 to 3 and defendants no. 1, 3 and 4 in equal share and that Manjit Singh who has not been heard of for more than seven years by those who would naturally have heard of him if had been alive, is presumed to be dead as per presumption under Section 108 of Evidence Act (later referred to as 'the Act').