NARAIN SINGH Vs. BAL SINGH

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree of the learned District Judge, Patiala dated July 16, 1966, reversing the judgment of the trial Court.

(2.) The appellant filed this suit for possession of four-fifth share of the land in dispute. The suit land was admittedly owned by Fauja Singh deceased, who died leaving behind plaintiff Vir Kaur, his widow and the other plaintiffs, his sons and a daughter. Bal Singh defendant was a son of the deceased from his other wife. According to the Hindu Succession Act, the property of the deceased devolved on his widow, the sons and daughter in equal shares, but Bal Singh defendant got the same mutated in his name alone and was in its sole possession which necessitated the filing of the present suit. The defendant contested the suit, and denied that Smt. Vir Kaur was the widow and the other plaintiffs sons and daughter of the deceased Fauja Singh. On the pleadings of the parties, the following issues were framed :-

(3.) The trial Court, after recording evidence, decided issue No. 1 in favour of the plaintiffs and decreed the suit. The learned Additional District Judge on appeal, reversed the finding of the trial Court on the said issue and dismissed the suit.