S.S.CHADHA, PRAKASH NARAIN
NATHU – Appellant
Versus
HUKAM SINGH – Respondent
( 1 ) THE principal question of law raised in this appeal under Clause X of the Letters Patent is the right of male lineal decendants to impugn an alienation of Bhumidari Rights granted under the Delhi Land Reforms Act, 1954, based on the customary law applicable to the proprietors of agricultural land before the enforcement of the said Act. It has arisen in these circumstances.
( 2 ) HUKAM Singh son of Jit Ram is the real brother of Narain Singh, Ramesh Chander is the son of Marain Smgh. They are Jats by caste and dependant solely on agriculture. Hukam Singh and Ramesh Chander, respondents I and 2 herein (plaintiffs in the suit) filed on August 29, 1962 a suit for declaration to the effect that the mortgage without possession dated June 27, 1962 for a consideration of a sum of Rs. 8,000. 00 , registered on June 30, 1962, executed by Narain Singh respondent No. 3 herein (defendant No. 2 in the suit) in favour of Nathu appellant before us (who is defendant No. 1 in the suit) regarding one-half share in land measuring 109 bighas 12 biswas as mentioned in para 2 of the plaint of the suit situated in village Dichaon Kalan. Delhi (for short called the land in suit) is withou
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