Judgment

S.B. SINHA, J.- Application of Section 50 of the Evidence Act, 1872 is involved in this appeal which arises out of a judgment and order dated 27-8-2003 passed by a learned Single Judge of the Punjab and Haryana High Court in Regular Second Appeal No. 1290 of 1982 allowing the appeal from d a judgment and order dated 12-3-1982 passed by the Additional District Judge, Patiala setting aside the judgment and decree dated 31-3-1981 passed by the Subordinate Judge, First Class, Patiala decreeing the suit of the respondents. Before embarking upon the said question, we may notice the genealogical tree of the parties:

Chartu

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I I I

Munshi (son) Bakhtawar (son) Nandi(daughter)

I (died without leaving I I

Niranjan Singh any Class 1 heir) Bant Singh Bachan Kaur

(respondent -plaintiff) (son) (daughter)

(Appellant-Defendants 1 and 2)

2. Chartu died in 1935. According to the appellants upon death of Chartu, the properti