KIRLU S/O. KHARKU AND ORS. Vs. MST. KISHAN DEI AND ANR.
LAWS(P&H)-1950-6-28
HIGH COURT OF PUNJAB AND HARYANA
Decided on June 21,1950

Kirlu S/O. Kharku And Ors. Appellant
VERSUS
Mst. Kishan Dei And Anr. Respondents

JUDGEMENT

Harnam Singh, J. - (1.) ON 7.8.1944, Kirlu, Anant Ram and Rulia instituted the suit out of which this appeal has arisen for declaration in respect of 12 kanals 18 marlas of land with shares in shamilat situate in Sangharal Tappa Nanawun, Tahsil Hamirpur, that the oral gift of one fourth share of his holding made by Ghansara Defendant 2 to his daughter Mst. Kishan Dai Defendant 1 was invalid and not binding on the Plaintiffs, collaterals of the alienor. Mst. Kishan Dai, Defendant 1 contested the suit. On the pleadings of the parties the following issues were fixed by the trial Court: 1. Are Plaintiffs collaterals of Ghansara deceased? If so, in what degree?
(2.) IS the land in suit ancestral qua the Plaintiffs? Are the parties governed by custom? If so, what that custom is?
(3.) WHETHER the gift in dispute is valid?;


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