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1958 Supreme(P&H) 82

S.B.CAPOOR, S.S.DULAT
Gurbinder Singh – Appellant
Versus
Lal Singh – Respondent


Judgment

S.S.Dulat, J.

1. The following pedigree table will help in understanding the facts of this case :

RAJ KAUR (Widow of Bir Singh) ________________|___________________ | | Prem Kaur (Plaintiff) Mahan Kaur | ____________|_____________ Bakhshi Singh | | Lal Singh Pratap Singh (plaintiff) (plaintiff)

Raj Kaur was in possession of 851 kanals 18 mar-las of land in village Dhaipai which was then in the Faridkot State. Of this area, 481 kanals 7 marlas was occupancy tenancy, the landlord being the Raja Sahib of Faridkot, while the remaining land was held by Raj Kaur as adna malik, again the ala malik being the Raja. Sometime about the year 1953 Bk. (corresponding to 1893) Raj Kaur adopted her daughters son Bakhshi Singh, and he took possession of the land. Later he transferred some of the land to his cousin Partap Singh son of the second daughter of Raj Kaur.

In the meantime, however, and during the lifetime of Raj Kaur, the Raja of Faridkot brought a suit to avoid the adoption and in that suit Raj Kaur and Bakhshi Singh were impleaded as defendants. This suit succeeded and the adoption was declared invalid. Raj Kaur died in Bhadon, 1987 Bk. (corresponding to August, 1930) and about






































































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