HIGH COURT OF PUNJAB AND HARYANA
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(1.) In order to appreciate the position of the persons to be mentioned in this judgment, the sub-joined pedigree-table may be seen.
(2.) In Civil Suit No. 413 of 1947 plaintiffs claimed declaration that the deed of gift, Exhibit D. 1, made by Mst. Bhagwani, defendant No. 3, will not bind them on the death of Mst. Bhagwani.
(3.) Mst. Pritam Kaur and Mst. Narinjan Kaur, defendants Nos. 1 and 2, resisted the suit on pleas which gave rise to the following issues :-
1. Whether the plaintiffs are collaterals of Lal Singh, husband of defendant No. 3 ? If so, in what degree ?
2. Whether the properties in dispute were ancestral in hands of Lal Singh qua the plaintiffs ?
3. If issues Nos. 1 and 2 are decided in favour of the plaintiffs, then was defendant No. 3 competent to make a valid gift of the disputed properties in favour of defendants Nos. 1 and 2 ?
4. If issue No. 3 fails, then was the gift in the nature of acceleration of succession ?
5. Is issue No. 4 is established, then can the plaintiffs challenge the gift ?
6. If issues Nos. 2 and 4 fail, then are the plaintiffs not entitled to maintain the suit or is the gift binding on them ?
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