1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 1575 of 2009 (O&M) Date of Decision: 24.4.2009 *** Ishwar Singh .. Appellant VS. Smt. Malti & Anr .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Abhivan Oberoi, Advocate for the appellant. *** ARVIND KUMAR, J. This is plaintiff's regular second appeal who since been non- suited by the Courts below has preferred to approach this Court to lay challenge to the judgments and decrees passed by the Courts below. I have heard learned counsel for the appellant and have gone through the paper book carefully. The grouse of the plaintiff is that after the death of his brother Jagbir Singh, who died issueless, his (Jagbir Singh) share in the property was to be inherited by him alone and not to the extent of half share, the remaining half of which was devolved upon Smt. Malti, their sister. It is not in dispute that Smt. Malti executed the gift deed of the share of Jagbir Singh, inherited by her, in favour of Smt. Sunita, the widow of their another brother Dalbir Singh, pre-deceased Jagbir Singh. As per Hindu Succession Act in absence of Class-I heirs, the property of deceased was to devolve upon Class-II heirs in equal shares and as per the scheme of the Act brother and sister of a Hindu dying intestate have been placed upon equal footing. 2 Thus, it has concurrently been held that the property of Jagbir Singh was rightly inherited by plaintiff and his sister Smt. Malti in equal shares and the latter was duly competent to execute the gift deed in respect of her share in favour of Smt. Sunita. Finding that the plaintiff failed to prove his possession over the entire share of Jagbir Singh deceased, his prayer for issuance of injunction was also rightly turned down by the Courts below. I do not find any question of law which require determination by this Court, in the instant appeal. There are concurrent findings of fact recorded by both the Courts below. No interference is called for. Accordingly, the appeal fails and the same is dismissed. (ARVIND KUMAR) JUDGE April 24,2009 Jiten