KUNDAN SINGH vs HARDAN SINGH - 1951 Supreme(All) 228

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1951 Supreme(All) 228

MUSHTAQ AHMAD, MALIK
KUNDAN SINGH – Appellant
Versus
HARDAN SINGH – Respondent

Advocates Appeared:
ANANGPAL GUPTA, H.C.Sharma, S.B.L.GAUR

MALIK, CJ.

( 1 ) THIS is a letters patent appeal by defendant 2 and the legal representatives of defendant 1, mukhtar Singh. The plaintiff respondent Hardan Singh claimed that he was a son of Har Lal singh who died in the year 1920, that he and his elder brother Mukhtar Singh were members of a joint Hindu family, that on Har Lal Singhs death in 1920 Mukhtar Singh was the head of the family and that on 20-12-1927, he had executed a mortgage in favour of Zabar Singh, defendant 3, which mortgage being without legal necessity was not binding on him (plaintiff ). The plaintiff claimed that defendant 2, Tej Singh, had a simple money decree against Har Lal Singh, that in execution of that decree some property had been sold which was purchased by Tej Singh, defendant 2, and that as the plaintiff was not a party to the execution proceedings he was not bound by the same. On these allegations the plaintiff claimed possession of a half share in the property in suit.

( 2 ) THE suit was contested by all the three defendants and it was alleged that Hardan Singh was not a son of Har Lal Singh. The defendants case was that Har Lal Singhs wife Bhup Kuer had become unchaste and that Har Lal Singh had