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1972 Supreme(P&H) 38

D.K.MAHAJAN
Tokha – Appellant
Versus
Samman – Respondent


Judgment

1. This second appeal is directed against the concurrent decisions of the Courts below dismissing the plaintiffs suit.

2. In order to appreciate the controversy in this appeal, a short pedigree table may be set down:-

-

CHET RAM

(Occupancy tenant: died 1909)

__________________________________|__________________________________

| |

Mst. Rupan(widow) Mst. Sama (widow)

| |

Tokha Mst. Patori

(adopted son) (daughter)

plaintiff. |

Ganpat(daughters son)

3 On the death of Chet Ram, there was a dispute between his two widows and his adopted son Tokha. This dispute was settled by a compromise before the Revenue authorities. The compromise was that the widows will make a statement before the revenue officer and get the mutation sanctioned in all the three villages in which the land will be entered as one-third, one-third and one-third in the names of the adopted son and the two widows. In case they do not make such a statement, then the land in village Sheikhupura will remain in possession of the adopted son and the land in villages Kheowali and Phaggu would remain in possession of the tw










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