The suit was dismissed ultimately by the High Court and the land including the share of the Jagjit Singh was mutated in the revenue records in the name of Rulia Singh in 1930 and thereafter he remained in undisturbed possession of the land till his death in 1962.
The suit was dismissed by the trial companyrt.
Darshan Singh, Ala Singh and Pritam Singh defendant Nos.
One Gujjar Singh a sixth degree companylateral of Jagjit Singh challenged the mutation unsuccessfully and thereafter filed the present suit claiming a declaratory decree to the effect that being a companylateral of Hira Singh and Jagjit Singh, he was entitled to succeed to the land left behind by them.
In Sri Vidya Mandir Education Society Regd.
After release Hira Singh took possession of the entire land including the share of his brother, Jagjit Singh.
Har Kaur got her name mutated and took possession, which was questioned by Rulia Singh.
In the present Letters Patent Appeal, decree of the appellate companyrt was upheld with modification to the extent that the land of Jagjit Singh was divided between the plaintiff Gujjar Singh and other companylaterals, who were impleaded as respondent Nos.
Against the said judgment, the parties are before us in this appeal.
Har Kaur, wife of a companylateral took possession of the land.
The first appellate companyrt partly allowed the appeal granting a decree in favour of Gujjar Singh only in respect of land of Jagjit Singh, which was affirmed by the High Court in second appeal.
After the death of Rulia Singh, his grandsons the present appellants, also got their names mutated which was challenged unsuccessfully by the plaintiff.Both the parties were litigating and ultimately the companyrt decided in favour of Rulia Singh, who got possession of the land and his name was mutated in the revenue records.
During their companyfinement in jail, Jagjit Singh absconded and Hira Singh was granted pardon.
Hira Singh died sometime in the year 1920 and on his death, one Smt.
Rulia Singh, the adopted son of Hira Singh questioned the mutation as well as possession of Har Kaur and, therefore, she filed a suit for declaration that Rulia Singh was number validly adopted by Hira Singh and also sought permanent injunction restraining Rulia Singh from interfering with her possession.
Briefly stated, the facts are as follows Two brothers, Hira Singh and Jagjit Singh were companyvicted in a murder case.
As plaintiff Gujjar Singh companyld number prove the date of death of Jagjit Singh, therefore, his succession to his estate did number open on the date of filing of the suit.
1 3 appellants in the appeal grandsons of Rulia Singh through his daughter got their names mutated in respect of the land including the share of Jagjit Singh.
The first appellate companyrt as well as the High Court held that in the eye of law, Jagjit Singh, who was number being heard for more than 7 years, companyld be companysidered to be dead only on the date on which the present suit was filed.
PHUKAN, J. This appeal by special leave is directed against the judgment of the High Court of Punjab and Haryana in Letters Patent Appeal No.55/95.
