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1955 Supreme(P&H) 51

BHANDARI, KAPUR
Niamat Singh – Appellant
Versus
Darbari Singh – Respondent


Judgment

1. This second appeal raises two questions namely (1) whether the suit brought by the plaintiff is barred by time, and (2) whether the plaintiff having relinquished his own rights in a certain plot of land is entitled to bring a suit for the restoration thereof.

2. One Naunid Singh, a resident of village Barwala of the Delhi State died in the year 1935 leaving behind him Darbari Singh plaintiff, a son by one wife, and Niamat Singh and Chhotu Ram defendants, sons by another wife. On 14-6-1935 the parties appeared before a revenue officer and the land left by the deceased was mutated equally in the names of each of the three sons. Shortly thereafter the second wife of the deceased gave birth to a posthumous son by the name of Ehup Singh. The parties again appeared before the revenue officer in the year 1938 and the said officer mutated the land in the names of all the four sons. On 25-8-1949 Darbari Singh brought a suit for a declaration that he was the owner in possession of a one-half share in the estate of his father and that the remaining half share belonged to his step-brothers the defendants. The trial Court granted a decree in favour of the plaintiff and the decree of




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