K.C.Gupta, J.

1. The Regular Second Appeal has been instituted by the defendant, Nachhattar Singh and another, against judgment and decree dated 25.5.2001 passed by Additional District Judge, Sangrur (Camp at Barnala), whereby the appeal was accepted with cost and judgment and decree dated 27.9.1997 passed by the Civil Judge (Junior Division), Barnala, was set-aside and the suit of respondent No. 1, Jangir Singh, for joint possession of land except land comprised in Khasra Nos. 453/7(8-0), 453/3/2, 4/2, 859/3(2-0), 6(2-0), 397/1/3(3-8) and 2/6(4-0) was decreed.

2. Briefly stated, the facts are that Bhan Singh was the owner in possession of the suit land and he expired on 4.9.1995 at Village Sehna (Sub Division Barnala), Jangir Singh, respondent No. 1 (plaintiff) is the son of Gurdit Singh. Gurdit Singh and Bhan Singh were real brothers and were sons of Partap Singh. In fact, Partap Singh had four sons from the loins of Smt. Ram Kaur, namely, Gurdit Singh, Chand Singh, Jawala Singh and Bhan Singh.

3. It was next averred that Bhan Singh was unmarried and he died issueless. Jangir Singh, respondent No. 1, being his brothers son, was the only legal heir to succeed to his proper