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1990 Supreme(SC) 645

M.M.PUNCHHI, S.C.AGRAWAL
Zila Singh – Appellant
Versus
Chandgi – Respondent


JUDGMENT:— This appeal is directed against the Judgment and order of the Punjab and Haryana High Court dated March 20, 1974 regular second appeal No. 1432 of 1968 preferred by the appellant herein before the High Court was dismissed as having abated.

2. The facts are straight and simple. Rikhi and Nanu were two brothers, Nanu had a son by the name of Nagar and Rikhi had three sons - Matu, Chandan and Pahlada. Zilla Singh the appellant herein is the son of Chandan. On the death of Nagar his agricultural estate was mutated in the revenue papers in the name of his widow Sarupi. She also succeeded to his house. Zilla Singh appellant claiming himself to be an adopted son of Nagar filed a suit for possession in the Court of Sub-Judge, Ist Class, Panipat alleging (1) that Nagar left no widow at all much less by the name of Sarupi and (2) of being the adopted son was Nagar was entitled to succeed to the estate. The trial Court partially decreed the suit holding that Sarupi was the widow of Nagar and Zilia Singh appellant his adopted son, directing delivery of half share of the property to Zilla Singh appellant. On Sarupis appeal, the Additional District Judge, Karnal dismissed the suit taki





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