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1927 Supreme(SC) 62

Suraj Bhan Singh and others – Appellant
Versus
Sah Chain Sukh and others – Respondent


Advocates Appeared:
W. Wallach, G.R. Loundes, B. Dube, A.M. Dunne

(The judgment of the Allahabad High Court delivered by Lindsay and Sulai man, JJ., was as follows.)

The property in dispute in this case consists of a three-biswa odd share in three villages, Kairgarh, Nagla Himmat and Nagla Khayatan, and belonged to one Baldeo Singh who died in the year 1898. According to the pedigree set out in the plaint, Baldeo Singh had a son Bha rat Singh, who, it is admitted, prede ceased him.

When Baldeo Singh died he was suc ceeded by his widow, Mt. Phula Kun war who remained in possession of his estate till her death in January 1912. At the time she died the next heir under the Hindu law was Bhanwar Singh alias Khairati Singh, the son of Baldeo' daughter. He was impleaded in the suit out of which this appeal has arisen as defendant 8.

On the 19th January 1903 Mt. Phula Kunwar sold the property in suit for Rs. 19,000 to three persons : Sah Tejpal, Sah Ram Chandra, and Sah Piare Lal who are now represented by the defen dants 1 to 6.

Plaintiffs 1 to 5 in the suit are sons of Maharaj Singh who was a nephew of Baldeo Singh, and who, it is said, survived Mt. Phula Kunwar by a few days.

These plaintiffs, claiming to be the right heirs to the property along with anoth















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