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1958 Supreme(P&H) 52

K.L.GOSAIN
Hazara Singh – Appellant
Versus
Banta Singh – Respondent


Judgment

1. The fact giving rise to this second appeal are as under: The property in dispute belonged to one Hukmi who died on the 17th October 1923, leaving a widow Mst. Tabi and a widow of his predeceased son Mst. Chandar Kaur. On the 6th June, 1911, Hukmi had made a will, Exhibit P. 15, by virtue of which he bequeathed one-third of his estate to his brother-in-law Nathu, (brother of Mst. Tabi) one-third to Mst. Tabi and the rest one-third to Mst. Chandar Kaur. It was provided in the will that Mst. Tabi and Mst. Chandar Kaur shall not be able to alienate the property in any way and shall keep the property only till their lives and for their maintenance. After the death of Mst. Tabi and Mst. Chandar Kaur their share was also to go to Nathu.

On the 13th February, 1925, the entire property was mutated in the name of Mst. Tabi and Mst. Chandar Kaur, but on a suit brought by Nathu for possession of his one-third share a decree was passed in his favour on the 21st April, 1925, which the result that one-third of Hukmis property went over to Nathum one-third to Mst. Tabi and one-third to Mst. Chandar Kaur. On the 6th August, 1926, the present plaintiffs excepting Bhalla and Kehar Singh, b








































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