SHAM SINGH Vs. KANWAR SINGH

JUDGEMENT

(1.) THIS is defendant's regular second appeal against the concurrent findings of the Courts below. The dispute pertains to the estate of Shiv Lal. According to the plaintiff, Shiv Lal died issueless and the plaintiff being his father's brother legally succeeded to his estate in the absence of any heir amongst Class-I heirs as per Hindu Succession Act.

(2.) ON the other hand according to the defendant he is son of Shiv Lal as his mother had a karewa marriage with him and out of this wedlock he was born. On the pleadings of the parties a number of issue were framed but primarily the contest revolved around the status of the defendant i.e. whether he is son of Shiv Lal and so entitled to inherit the property left by Shiv Lal.

(3.) COUNSEL for the appellant while assailing the judgments of the Courts below terming these to be wholly erroneous, based on mis-construing the documents and legally un-sustainable, pressed his application for additional evidence. According to the counsel, the Courts below have erred in law in coming to the conclusion that the appellant is none else but Bhagwana, son of Khushi Ram-the deceased husband of Smt. Risalo. This in fact has greatly prejudiced both the Courts below. According to the appellant evidence with regard to the entry into the birth and death register could not be adduced in evidence as the appellant did not know about the existence of such a document. The document forms part of a public record and so its authenticity can be assumed. Application for additional evidence, if permitted, will not only dispel the impression which the Courts below erroneously formed but otherwise too would help the Court in adjudicating the matter more fairly even in the presence of the existing evidence. Thus, it is a fit case where permission to adduce additional evidence needs to be granted. This application was filed on 3.9.1979. The Court vide its order dated 13.12.1979 directed that the same shall be considered at the time of hearing of the appeal. So, it has become imperative to examine the merit of this application.