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1991 Supreme(P&H) 1084

NARESH JAIN
Tarlok Nath (Deceased) Through Lrs – Appellant
Versus
Ram Piari – Respondent


Judgment

N.C.Jain, J.

1. Before appreciating the precise question involved in this appeal, it is necessary to have a look at the facts stated in the plaint.

2. One Nand Lal was the owner of 1/2 share in 531 Kanals 18 marlas of land situated in village Malia, Tehsil and District Gurdaspur. Nand Lal had two sons Devinder Nath and Tarlok Nath. Devinder Nath died during the life time of his father Nand Lal. Plaintiff No. 1 is the widow of Devinder Nath whereas plaintiff Nos. 2 to 4 and defendant No. 3 are the four daughters of the deceased Devinder Nath. Nand Lal during his life time left a Will dated 4.12.1969. According to the terms of the Will, defendant No. 1 Tarlok Nath was made liable and responsible to give the plaintiffs by way of maintenance the 1/4th share of produce of Nand Lals land situated in village Malia. Tarlok Nath was also made liable to pay all the expenses of the marriages of the daughters of Devinder Nath and in case he did not fulfil the obligations imposed upon him. the same could be got enforced against the land of Nand Lal. A charge was created for this purpose on the land bequeathed to defendant No. 1. Plaintiff No. 1 was to become owner of 1/2 share of a resi





















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