BAWA SINGH AND ANR. Vs. MT. TARO

JUDGEMENT

(1.) MT . Taro daughter of Kala Singh deceased instituted the suit out of which this appeal has arisen on 20 -10 -1943, for declaration that the was entitled to succeed to the land in suit in preference to Bawa Singh and Naurang Singh Defendants on the ground that the land in suit was non -ancestral in the hands of Kala Singh and that the Defendants were not related to the said Kala Singh.

(2.) BAWA Singh and Naurang Singh Defendants resisted the suit pleading that the land in suit was ancestral in the hands of Kala Singh qua them and that they being collaterals of Kala Singh in the fifth degree were preferential heirs of Kala Singh as compared with the Plaintiff. Defendants also pleaded that Mt. Soman, another daughter of Kala Singh, was a ueceseary party. Of the issues arising in the case we are concerned, in these proceedings, with issues 3 and 4. Issues 3 and 4 read:

(3.) ON issues 3 and 4 the trial Court found that the land in suit was not ancestral in the hands of Kala Singh qua the Defendants and that the Defendants were not collaterals of Kala Singh deceased within the fifth degree. In the result, the trial Court finding that Mt. Taro was entitled to succeed to the land, in suit in preference to the Defendants granted the Plaintiff a decree for possession of Khasra Nos. 686 and 694 and declaration regarding the rest of the land in suit. Defendants were ordered to pay the costs of the Plaintiff.