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2006 Supreme(P&H) 3535

S.N.AGGARWAL
Devi Sarup – Appellant
Versus
Veena Nirwani – Respondent


Judgment

S.N.Aggarwal, J.

1. Banu Mai alias Banu Ram (in short Banu Mal) was the original owner of the suit land. He had executed a Will in favour of his daughter Jeewani alias Munni Devi (in short Munni Devi) on 14.4.1937 for the suit land. But, subsequently, he had executed a Will on 27.3.1943 in favour of Raghbir Singh, respondent No. 29 (predecessor in interest of the present petitioners) who was his collateral from the third degree. However, the said Will was for the life time of said Raghbir Singh and after his death, the property was to revert back to the legal heirs (respondent Nos. 1 to 6) of Munni Devi daughter of Banu Mal. However, Raghbir Singh got mutation No. 1427 entered in favour of his wife Smt. Kesho Devi, his son Devi Samp (petitioner No. 1) and sons wife Smt. Maya Devi (petitioner No. 2) on 26.2.1954 on the basis of oral Hibbanama (gift) allegedly executed by Babu Mai for the land measuring 835 kanals 7 marlas. The said mutation was sanctioned on 2.3.1954. Said Babu Mal died on 14.11.1954. Respondent Nos.7 to 28 are the subsequent purchasers. Smt. Veena Nirwani, respondent No. 1 (daughter of Munni Devi) filed a civil suit in the year 1989 against Raghbir Singh, h



















































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