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1965 Supreme(HP) 16

OM PARKASH
Maro – Appellant
Versus
Paras Ram – Respondent


Advocates:
Harish Chander, for the Appellants; Jaswant Singh for Respondents.

Judgement

JUDGMENT :- The only question, which was canvassed in this appeal, against the decree and judgment of the learned District Judge, Bilaspur, was whether according to custom, prevalent in Bilaspur, a daughter was excluded from inheritance of her father by near collaterals. That question had arisen in a case, relating to the estate of Gokal. Gokal was a resident of Lahot village. Pargana Ajmerpur, District Bilaspur Appellant No. 1 is his daughter and appellants Nos. 2 and 3, are the sons of appellant No. 1 Respondent No. 1 is the nephew of Gokal and respondents Nos. 2 and 3 are his grand nephews Respondent No. 4 is another daughter of Gokal. Gokal had no son. After his death, his estate was inherited by his widow Smt. Chukhri, Smt Chukhri alienated 22 bighas and 10 Biswas of land out of the land inherited from Gokal, in favour of Jiwan Singh respondent No. 5 for Rs. 600. That alienation was set aside, on a suit, brought by respondent No. 1 and the father of respondents Nos. 2 and 3 Smt Chukhri gifted that land to the appellants. She died on 14-4-1956, before the coming into force of the Hindu Succession Act. After her death, the appellants had taken possession of the entire e















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