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1964 Supreme(P&H) 115

SHAMSHER BAHADUR
Chhanga Singh Indar Singh – Appellant
Versus
Dharam Singh – Respondent


Judgment

1. The suit and land measuring 238 kanals and 7 marlas was at one time in occupation of Udham Singh as an occupancy tenant. On the death of Udham Singh, his two widows Jai Kaur and Harbans Kaur came into possession of the suit land. The two widows died in succession on 14th April, 1946 and 27th January, 1951, respectively. On the death of the second widow Harbans Kaur, Raj Kaur, mother of Udham Singh, claimed to succeed under section 59(c) of the Punjab Tenancy Act and the revenue authorities mutated one half of the land in occupation of Udham Singh as an occupancy tenant in favour of Raj Kaur and the other half in favour of Raj Kaur and the other half in favour of the respondents Dharam Singh and Bachan Singh, who are fourth degree collaterals of Udham Singh. Raj Kaur claiming succession to the entire land brought a suit for possession in 1955 but the trial Court maintained the mutation by which she was given one-half share. The decree was passed on 21st of June, 1956, only for one-half of the land of Udham Singh and the suit was dismissed in respect of the remainder. In fact, this decision was based on admissions made by parties at the time of mutation. Raj Kaur died on 2










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