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1969 Supreme(P&H) 173

MEHAR SINGH, BAL RAJ TULI
Ram Kishan – Appellant
Versus
Ram Rakhi – Respondent


Judgment

Mehar Singh, J.

1. The parties litigate in regard to the land from the inheritance of Buta deceased who died sometime before January 21, 1922. On his death the land was inherited by his widow Sobhi and the copy of the mutation entry in this respect is Exhibit P-3. On June 17, 1940, Sobhi effected a mortgage of the land for Rs. 499/- in favour of Ram Rakhi defendant 1. Copy of the mutation entry is Exhibit P-2. The mutation about the mortgage in favour of the defendant 1 was attested by the Revenue Officer on March 30, 1941. On the death of Sobhi, mutation of the land was entered in the name of Santi plaintiff, as the daughter of Khazan Singh uncle of Buta deceased. The copy of the mutation entry is Exhibit P-1. The report, dated May 30, 1960, on it shows that she had died some six years earlier, which means that she died sometime in 1954. So she died before the coming into force on June 17, 1956, of the Hindu Succession Act, 1956 (Act 30 of 1956). On this entry a pedigree-table is given as below :-

While this mutation was pending decision, some of the proprietors of the village, Kakrala, within the estate of which the land in question is situate, sold this land to Bhagwan S
















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