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1957 Supreme(P&H) 12

K.R.PASSEY, TEK CHAND
Harmindar Singh – Appellant
Versus
Balbir Singh – Respondent


Judgment

Tek Chand, J.

1. This is a regular first appeal from the decree of the Senior Subordinate Judge, Ludhiana, passed on 11th November, 1949, dismissing the plaintiffs suit so far as property situated, outside the district of Ludhiana was concerned. The plaintiff had impleaded nine defendants out of whom defendants 3 to 9 are pro forma, and no relief was sought against them. The real contest is between the plaintiff on the one side and his half-brothers, defendants 1 and 2, on the other. The property which is the subject-matter of the suit has been classified in Schedule A which forms part of the plaint, into four categories. Broadly speaking, the suit relates to, firstly, immovable property, lands and houses situated in the district of Ludhiana. In the second category is immovable property which is situated in Pakistan in Montgomery District. The third category consists of sums of money deposited by sardar Balwant Singh deceased father of the contesting parties in the Central Co-operative Bank, Pakpattan. District Montgomery; the Punjab National Bank, Arifwala; the Imperial Bank, Arifwala, and monies left in trust with the firm Sher Singh, Pratap Singh of Arifwala.

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