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2002 Supreme(P&H) 483

N.K.SODHI
Abdul Rehman – Appellant
Versus
Jumma Khan – Respondent


Advocates Appeared:
For the Appellants No. 1 and 2 :Mr. Gurcharan Singh, Advocate.
For the Appellants No. 3 and 4 :Mr. J.L. Malhotra, Advocate.
For the Respondents:Mr. Sarabjit Singh, Advocate.

JUDGMENT

N.K. Sodhi, J. - This is defendants second appeal directed against the judgment and decree dated 29.10.1980 passed by the Additional District Judge, Gurgaon affirming that of the trial court whereby the suit for possession of agricultural land filed under Order 1 Rule 8 of the Code of Civil Procedure (for short the Code) was decreed. Facts giving rise to this appeal may first be noticed.

2. One Ismail a Mohammedan Meo by caste was the owner of the suit land. On his death his widow Smt. Suhagi inherited the same as a limited owner. It is alleged that according to the agricultural custom governing the parties, a widow had only a life interest in the estate of her husband and that she had no right to alienate the same by way of sale, mortgage, gift, will or otherwise. It is further alleged that in the absence of heirs/reversioners, the proprietors of the Patti in which the property is situated succeeded and in the absence of the proprietors of the Patti, the proprietors of the whole village inherit the same. According to the plaintiffs, Smt. Suhagi died issueless leaving no male or female relatives of her husband and, therefore, the proprietors of Patti Sahaura inherited the l




























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