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1976 Supreme(J&K) 3

JASWANT SINGH
Chuni Lal – Appellant
Versus
Saraswati – Respondent


Advocates Appeared:
Advocate For Appellant: I.K. Kotwal
Advocate For Respondent: Shiv Lal Kotwal

1. This Civil Second Appeal is directed against the judgment dated September 30, 1973, of the learned District Judge, Bhadarwah, whereby he upheld the judgment dated April 30, 1970 of the Sub-Judge, Bhadarwah, decreeing the plaintiff-respondents suit (No. 109 of 1956) in so far as it related to possession of land covered by gift deed dated Magh 17, 2010 (Bikarmi) executed by Mst. Roman, widow of Kotwal Shib Lal, resident of Nagar Bhadarwah, in favour of Chuni Lal appellant.

2. It appears that Kotwal Shib Lal, a resident of Nagar Bhadarwah who was an employee of the Forest Department of the State died in Assuj, 1979 C Bikarmi 1923 A. D. leaving behind only two widows named Smt. Roman and Smt. Saraswati plaintiff (Respondent No. 1 herein). The said two widows remained joint for some time but finding it difficult to pull on together, they effected fey means of deed dated Chet 17. 1982 (Bikarmi) a private partition of the estate inherited by them from Kotwal Shib Lal with a view to facilitate the smooth utilization of the income accruins from the estate. Mutation No. 1262 in respect of this partition was sanctioned by the Tehsildar on Phagan 27, 1990. By means of deed dated 15, 1991 (Bi











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