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1974 Supreme(P&H) 162

MUNI LAL VERMA
Charan Singh – Appellant
Versus
Balwant Singh – Respondent


Judgment

1. The suit which culminated in this appeal and Regular Second Appeal No. 693 of 1969, was instituted by Charan Singh, Shrimati Sowarno, the appellants; and Makhan Singh respondent for possession of two-thirds of the land measuring 267 kanals 15 marlas situate within the limits of village Kalair Kalan, Tehsil and District Gurdaspur, described in the heading of the plaint (hereinafter called the land), on the basis of title. The following pedigree table would be helpful in understanding the case of the parties :-

2. Land once held by Ishar Singh, measured 500 kanals 3 marlas. It included the suit land. Ishar Singh alienated about 233 kanals out of the aforesaid land during his lifetime but continued to be owner of the land till his death. Both his sons - Narinjan Singh and Teja Singh, and daughter Budho had predeceased him. He died on 20-11-1965 leaving behind the land. Therefore, Charan Singh and Shrimati Sowarno claiming to be son and daughter, respectively, of the predeceased son (Narinjan Singh) and Makhan Singh claiming himself to be the son of the predeceased daughter (Shrimati Budho) of Ishar Singh sought, through the suit, possession of two-thirds of the land. They a












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