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1992 Supreme(P&H) 932

HARJIT SINGH BEDI
Akbari – Appellant
Versus
Sabri – Respondent


Judgment

H.S.Bedi, J.

1. The tortuous round of litigation between the parties herein suggest that what is at stake is not only the custody of a physically handicapped minor, undoubtedly dear to them, but the 89 kanals of land which he owns which makes his custody not only more desirable, but positively attractive.

2. The facts of the case as given are that one Habid Khan was married to Mst. Aishan, from whom three daughters, Mallan, Sheela (respondent Nos. 2 and 3) and Akbari, the present petitioner, were born. On Mst. Aishans death some time later, Habib Khan entered into another marriage with respondent No. 1 Mst. Sabri and from that marriage the minor Wali Khan and two daughters were born. Habib Khan died on 15-9-1982. Respondent No. 1 thereafter married Ajmer Khan in the year 1984, abandoning Wali Khan and his sisters in their fathers home and to the care of their step-sisters Akbari, Mallan and Sheela. Respondent No. 1 now laic claim to the 89 kanals of land of Habib Khan which had devolved by succession upon Wali Khan on the basis of a Will alleged to have been executed by him in her favour. This Will was challenged successfully by Wali Khan and others including the present pe





















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