Prem Narain vs Hansraj Singh - 1946 Supreme(All) 209

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1946 Supreme(All) 209

Prem Narain – Appellant
Versus
Hansraj Singh – Respondent

JUDGMENT

Malik, J. - This is a plaintiff's appeal. One Jwala Prasad who was the last male owner of the properties now in suit died in the year 1916. At the time of his death he left a widow Mst. Shiva Kunwar and three daughters, Mst. Chandan Kunwarshe has at times been also described as Mst. Chandrika KunwarMst. Champa Kunwar and Mst. Phulmati Kunwar. On the death of Jwala Prasad, the name of his widow Mst. Shiva Kunwar was entered in the papers. She died sometime in the year 1918 and Chandan Kunwar, the eldest daughter died soon after. A dispute arose between Champa Kunwar and Phulmati Kunwar and the sons of Chandan Kunwar as to the succession. The sons of Chandan Kunwar set up some claim to the property but it is not clear what exactly their claim was. Ultimately the matter was settled in this way that Champa Kunwar and Phulmati Kunwar surrendered their life estates and the grandsons of Jwala Prasad who were then in existence divided the property in three equal shares per stirpes. They have been in possession in accordance with the division of the property in the year 1918. The plaintiff Prem Narain is the third son of Champa Kunwar who was born in the year 1923, five years after

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