SHEOSAGAR SINGH Vs. SITARAM SINGH

JUDGEMENT

(1.) THE question in this appeal is whether the infant respondent Si tartan Singh is or is not the son of one Anar Koer, who died in November or December, 1884.

(2.) UPON the answer to this question the title of the appellants to a moiety of certain shares in mouzah Nadoura depends.

(3.) MAHIPUT Singh, and a cousin of his one Jawahir Singh, had purchased the shares in question on their Joint account and had registered them in their joint names. Mahiput, who survived Jawahir, died in August, 1882. On his death the plaintiffs, who were sons of Jawahir, applied for registration on the ground that the family was joint and that the succession belonged to them. The Deputy Collector on a summary application decided in their favour. Anar Koer then brought a regular suit to recover her father's moiety. In that suit it was held that the family was not joint, and this decision was confirmed on appeal. But the registration in the collector's books was not altered, and possession of the whole property has remained with the plaintiffs ever since.