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2001 Supreme(P&H) 701

M.L.SINGHAL
Surinder Singh (Dead) through LRs. – Appellant
Versus
Anup Singh – Respondent


Advocates Appeared:
For the Appellants :Mr. I.S. Bajwa, Advocate.
For the Respondent:Mr. B.R. Mahajan, Advocate.

JUDGMENT

M.L. Singhal, J. - There was one Dalip Singh son of Jhanda Singh resident of village Chairman, Tehsil and Distt. Jalandhar. He was owner of land as detailed in the heading of the plaint situated in the area of village, Chamiari, Tehsil and Distt. Jalandhar as entered in Jamabandi for the year 1975-76. He died on 9.1.1982 leaving behind his sons Anup Singh-plaintiff, Surinder Singh and Maluk Singh - defendants No. 1 and 2 and daughter Smt. Bachan Kaur - defendant No. 3. He exected will dated 26.2.1977 while in sound disposing mind in favour of the plaintiff and defendant Nos. 1 and 2, whereby he bequeathed 2/3rd of his properties in favour of the plaintiff and Maluk Singh-defendant No. 2. He bequeathed 1/3rd share of his properties in favour of Surinder Singh-defendant No. 1. While making this bequest, he put an embargo on 1/3rd share bequeathed to Surinder Singh, viz. that he would hold 1/3rd share till his life. He could enjoy its usufruct but it would not have the right to alienate it either by way of sale, mortgage, exchange and gift. It was recited in the will that after the death of Surinder Singh, this 1/3rd share would devolve upon the plaintiff Anup Singh and defend




































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