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1972 Supreme(P&H) 232

HARBANS SINGH, BAL RAJ TULI
Shanti – Appellant
Versus
Surta – Respondent


Judgment

1. Har Narain was the last male owner of the land in suit. He died in 1942. His widow Smt. Patori contracted karewa marriage with one Molar of village Mehomoodpur. Smt. Shanti was the daughter of Har Narain from Smt. Patori and was taken by her mother when she contracted karewa marriage. The mutation of the land left by Har Narain was sanctioned in the name of the Surta and his sons. Smt. Patori field a suit against them for possession of that land but her suit was dismissed. Surta and his sons claimed in that suit that they were the heirs of Har Narain deceased. Smt. Shanti was not made a party to that suit. On July 15, 1965, she filed a suit for the possession of the land left by her father against Surta and his three sons and Smt. Patori claiming that she was a preferential heir to her father as compared to the defendants. It was not pleaded in that suit either by the plaintiff, Smt. Shanti, or by the defendants, Surta and others that the parties were Jats and governed by agricultural custom or that the land left by Har Narain was ancestral. On the pleas of the defendants, the following issues were framed:

1. Whether the suit is barred by time? O. P. D.

2. Whether defend
































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