B.K.MUKHERJEE, N.CHANDRASHEKAR AIYAR, S.MURTAZA FAZAL ALI
Arjun Singh – Appellant
Versus
Kartar Singh – Respondent
Judgment
Chandeasekhara Aiyar J.- The pltf. Arjan Singh alias Puran, brought a suit in the Ct. of the Subordinate Judge, Jullundur, against Inder Singh, Kartar Singh & five others, for a declaration that a will executed by deft. 1, Inder Singh, in favour of deft. 2, Kartar Singh, about 14 years ago was null & void as against the pltf., who was deft, 1 s reversionary heir after his death. The plaint comprised a half share of land measuring 395 kanals in the village of Kadduwal, another half share of land measuring 837 kanals & 11 marlas in the village of Pattar Kalan, & four houses in the latter village. In the pedigree attached to the plaint showing the relationship of the parties, the pltf, claims Sehja Singh as his 4th ancestor. Jodha Singh & Jai Singh are shown as Sehja Singh s sons. Defendant 1, Inder Singh, is Jodha Singh s grandson. It is alleged that the parties are Jat agriculturists governed by the customary law in matters of alienation of ancestral property & succession & that as a sonless proprietor under this law is not competent to make a will in respect of his ancestral property, when there are collaterals up to the 5th degree, & as the entire property mentioned in th
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