Hemant Gupta, J.

1. The plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court, whereby suit for possession claiming 1/3rd share in land measuring 99 kanals 1 marla, owned by Sawan Singh son of Sahab Ditta was dismissed in appeal.

2. Plaintiff Sadhu Singh had two brothers, namely, Maghi Singh and Sawan Singh. Maghi Singh died during the lifetime of Sawan Singh. On 15.5.1977 Sawan Singh died after the death of Maghi Singh. Sawan Singh was owner of l/3rd share, in the agricultural land in village Kheri Jarnkhelan Taraf as mentioned in para No. 1 of the plaint and l/9th share in the land mentioned in para 3(c) of the head note of the plaint. It is the case of the plaintiff that he being brother of the deceased Sawan Singh is a preferential heir to succeed the property of the deceased in preference to the deceased, who are the sons of the pre-deceased brother. The plaintiff challenged decree dated 30.4.1977, alleged to have been obtained by defendants No. 1 to 4 from the Court of Sub Judge, 1st Class, Bassi. It was alleged that the said decree was nullity and confers no title or interest in the property in dispute to