TARLOK SINGH CHAUHAN
Munshi Ram (deceased) through his LRs. Dev Kumari – Appellant
Versus
Sher Singh – Respondent
Tarlok Singh Chauhan, J.
1. The dispute in this Regular Second Appeal is about the succession to 8 bigha 13 biswas land belonging to Budhu Ram, who was a bachelor and obviously died issueless. According to the plaintiffs/respondents, he died intestate and claimed to have proportionately inherited the suit land along with defendants/appellants in accordance with the provisions of Hindu Succession Act, 1956 (for short ‘Act’).
2. On the other hand, the appellants/defendants claimed to have succeeded to the suit land exclusively on the basis of a Will executed by Budhu Ram.
3. Looking at the order I propose to pass, it is not relevant to refer to the pleadings in detail. Suffice it to say that out of the pleadings to the parties, the learned trial Court framed the following issues on 19.6.1992:
1. Whether the plaintiffs and defendants are joint owner in possession of the suit land as alleged? OPP
2. Whether Sh. Budhu Ram executed a valid Will in favour of defendant No.1? OPP
3. Whether the suit is time barred? OPD
4. Whether the suit is not properly valued for the purpose of court fee and jurisdiction? OPD
5. Whether the suit is not properly verified? OPD
6. Relief.
4. After recording
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.