JUDGMENT

K. JAGANNATHA SHETTY, J.:—These are defendants appeal and special leave petition arising out of a suit for possession brought by Balwant Singh - the plaintiff. In the Special Leave Petition, we condone the delay and grant leave. The suit was dismissed by the Court of first instance and the dismissal was affirmed by the appellate Court but decreed by the High Court in the second appeal.

2. The issue raised in the appeal is of considerable importance and it relates to the construction of Section 15 of the Hindu Succession Act, 1956 (the Act). One Smt. Mahan Kaur, wife of Jaimal Singh inherited from her husband certain agricultural land measuring 110 kanals 12 marlas situate in village Hamhal, Jakhe-Pal in Sangrur District. Some of the lands were under mortgage and are in possession of defendants 2 to 6. After coming into force of the Act Mahan Kaur died intestate. On being informed that there was no heir entitled to succeed to her property the Revenue Assistant Collector sanctioned mutation in favour of the State. Balwant Singh claiming to be a legal heir of Mahan Kaur brought the suit out of which the present appeal arises. The suit was for possession of the property of the