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1940 Supreme(Lah) 159

ABDUL RASHID
Tara Singh – Appellant
Versus
Bibi Suraj Kaur Daughter of Raja Bhagwan Singh – Respondent


JUDGMENT

Abdul Rashid, J. - Sardarni Bhagwan Kaur, widow of Nihal Singh, a Dhilon Jat of village Mani Mazra, District Ambala, died on 7th April 1936, in the hospital of Mani Mazra. On 5th April 1936, she had made a will in favour of her nephew Tara Singh, defendant. This will was registered on 6th April. On the death of Sardarni Bhagwan Kaur the entire landed property left by her was mutated in the name of Tara Singh, defendant, on the strength of the will. The defendant also obtained possession of the house of the widow, and, recovered her moveable property from the supurdar to whom it had been entrusted by the police on her death. The present suit was instituted by Bibi Suraj Kaur, daughter of Bhagwan Singh, on 2nd October 1937, in respect of the entire property mentioned above and for Rs. 600 as mesne profits of the land for three harvests up to rabi 1937. It was stated in the plaint that the plaintiff was the daughter of Raja Bhagwan Singh who was a collateral of Nihal Singh, the husband of Sardarni Bhagwan Kaur, in the sixth degree, and that in the absence of any male collateral or any other nearer female heir of Nihal Singh, she was entitled to succeed. It was further pleaded

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