HEMANT GUPTA, J. - (1.) THIS is defendant's appeal wherein the estate left by deceased Smt. Taro daughter of Kharak Singh of village Mucchal is in dispute.
(2.) BRIEFLY the facts are that Smt. Taro was married to one Jit Singh @ Chet Singh. She has 1/5th of share in the land measuring 60 kanals situated in village Mucchal i.e. the village of her parents i.e. from her father's brother. She had some land in the village Bhalojala i.e. village of her husband. She died on 4.1.1971 without leaving behind any child. Her husband has pre-deceased her. The revenue authorities sanctioned mutation of her estate of village Mucchal i.e., her parents village in the name of her real sister Smt. Dhino whereas mutation in respect of land situated in Bhalojala i.e. husband's village was sanctioned in favour of husband's brother's son Santa Singh. Smt. Dhano sold the property situated at village Mucchal in favour of defendant-appellant and Santa Singh sold the said property situated in village Mucchal in favour of present plaintiff. Santa Singh also relied upon a will dated 13.11.1970 in respect of land situated at Mucchal. Both the courts have returned a concurrent finding of fact that Smt. Taro has not executed a will dated 13.11.1970. Thus, the only question which arises is whether husband's brother's son i.e. Santa Singh will succeed to the property of Smt. Taro situated at village Mucchal or her sister Dhano. The learned trial Court decreed the suit relying upon Section 15(1)(b) of the Hindu Succession Act, 1956 holding that Santa Singh is a preferential heir of Smt. Taro to her sister Dhano. The appellate Court affirmed such finding.
(3.) I have heard counsel for the parties and with their assistance have gone through the record of the case.;