Decided on July 03,1950

Mt. Nihal Kaur Appellant
Natha Singh And Ors. Respondents


Chopra, J. - (1.) THIS second appeal comes up today after a report of the trial Ct. on the fresh issue framed by this Ct. vide its order dated 2 -6 -1949. The facts of the case have already been given in that order which would form part of this judgment.
(2.) THE gifted land came to Mt. Fatto the donor, from her sons Baggu & Munshi. Their collaterals in the fifth degree claimed possession on the ground that they excluded the daughter of Baggu from succession to the suit -land which was ancestral qua them. The gift was also challenged on that ground. The deft, denied the land to be ancestral & claimed to be the next heir. The gift was supported on various grounds & the suit was alleged to be beyond, time. Both the Cts. below have found the suit to be within time & the land to be ancestral. Mr. Jagan Nath while conceding the question of limitation tried to argue that the land had not been proved to be ancestral, but as the point was not specifically taken in the memorandum of appeal he was not allowed to press it at this stage. The concurrent finding as to the nature of the property was based on a clear admission of the Mukhtiar -i -am of the applt. which was to the effect that the land in suit had descended from the common ancestor Tek Singh; & this is also supported by the entries in the revenue records. We must, therefore, accept that the land has been proved to be ancestral.
(3.) THE main question that arises for decision is who is to inherit the property on the death of Mt. Fatto. It may be mentioned here that Bholla, husband of Mt. Fatto, was succeeded by his two sons Baggu & Munshi. They died in the years 1966 & 1967 respectively & the land was mutated jointly in favour of their widow Mt. Mano & Basant Kaur & their mother Mt. Fatto. On the remarriage of Mt. Basant Kaur & death of Mano the whole was mutated in the name of Mt. Fatto. These facts are clear from the various mutations, copies of which have been placed on the record, & they go to show that the last male -holder of half of the suit -land was Munshi, while the other half devolved from Baggu. It may be remembered that Baggu who died first was not succeeded by his brother Munshi because the former had left a widow. The two, therefore, form separate stocks of descent & the relationship of the claimants to them individually would decide the right of succession to the property left by them.;

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