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2005 Supreme(P&H) 361

HEMANT GUPTA
Bant Singh (Deceased) Son Of Chanan Singh – Appellant
Versus
Harnam Kaur – Respondent


Judgment

Hemant Gupta, J.

1. The plaintiffs are in second appeal aggrieved against the judgment and decree passed by the Courts below whereby the suit for declaration to the effect that the plaintiffs were sole owners with possession of the land measuring 49 kanals 19 marlas was dismissed.

2. One Narain Singh was owner of the suit land. He had three daughters, namely, Dhan Kaur, Sadan Kaur and Nikko. After the death of Narain Singh, his estate was inherited by Gurbachan Singh, son of Nikko. The dispute in the present appeal is to the inheritance after the death of Gurbachan Singh. The plaintiffs are the legal heirs of Dhan Kaur and Sadan Kaur whereas the defendants are the other son and daughter of Nikko, Gurbanchan Singh had died unmarried and issueless.

3. The plaintiffs have claimed for ownership of the entire land on the ground that Gurbachan Singh was adopted by Narain Singh vide adoption deed Ex.P. 15 dated 16.12.1921 and, thus, as sisters of deceased Gurbachan Singh, they have preferential rights of inheritance than the legal heirs of Nikko who will not take equal share with the plaintiffs. The defendants contested suit and denied adoption of Gurbachan Singh by Narain Singh.






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