ARJUN SINGH Vs. KARTAR SINGH
LAWS(SC)-1951-3-6
SUPREME COURT OF INDIA
Decided on March 02,1951

ARJUN SINGH Appellant
VERSUS
KARTAR SINGH Respondents


Referred Judgements :-

PARSOTIM THAKUR VS. LAL MOHAR THAKUR [REFERRED]



Cited Judgements :-

RAM SINGH VS. BANS BAHAL SINGH [LAWS(ALL)-2017-3-143] [REFERRED TO]
HINDUSTAN PETROLEUM CORPORATION LIMITED VS. BADRI NATH KHANNA [LAWS(ALL)-2014-8-518] [REFERRED TO]
PREMIER AUTOMOBILES LTD VS. SHAIKH JALALUDDIN [LAWS(BOM)-1993-2-86] [REFERRED TO]
TAKASI APPA RAO VS. PENUMATCHA VENKATA SATYANARAYANA RAJU [LAWS(APH)-1962-3-23] [REFERRED TO]
BABU KHAN A K VS. COMMISSIONER OF WEALTH TAX [LAWS(APH)-1974-9-18] [REFERRED TO]
JAMUNABAI VS. SHARADABAI [LAWS(APH)-1998-6-47] [REFERRED TO]
SARDAR SAROVAR NARMADA NIGAM LIMITED VS. PATEL HARIBHAI MANILAL [LAWS(GJH)-2007-7-25] [REFERRED TO]
SARDAR SAROVAR NIGAM LTD VS. PATEL JESANGBHAI NAROTAMBHAI [LAWS(GJH)-2007-7-41] [REFERRED TO]
RAMAKRISHAN RAO ALIAS BABURAO VS. SRINIVASARAO [LAWS(APH)-1956-3-3] [REFERRED TO]
RAM DHAR VS. UNION OF INDIA [LAWS(DLH)-1978-8-23] [REFERRED]
LIAQAT ALI VS. MIR MOHD [LAWS(J&K)-1970-4-12] [REFERRED TO]
CHUDASMA JASUBHAI MANUBHA VS. CHUDASMA RAISINH BAPUBHA [LAWS(GJH)-1975-12-28] [REFERRED]
BHAN SINGH VS. S KANWALJIT SINGH [LAWS(DLH)-1968-11-21] [REFERRED TO]
SHRI GYAN PARKASH BEDI VS. SHRI GURDIT SINGH AND ANR. [LAWS(DLH)-1971-4-36] [REFERRED TO]
DEEMANU RAM VS. BILWA MANGAL [LAWS(HPH)-2014-12-80] [REFERRED TO]
JAGDISH CHAND VS. AMBIKA DEVI [LAWS(HPH)-2014-3-52] [REFERRED TO]
SHEIK MEERA SAHIB AND SONS VS. T K RAMAKRISHNAN [LAWS(MAD)-2009-7-341] [REFERRED TO]
PADMANABHA PILLAI CHELLAPPAN PILLAI VS. OUSEPH DEVASSIA [LAWS(KER)-1965-11-37] [REFERRED TO]
K.L. SHIVANANJA MURTHY VS. K.R. RAJAMMA AND ORS. [LAWS(KAR)-2014-12-326] [REFERRED TO]
RAVICHANDRAN VS. PARAMASIVAM [LAWS(MAD)-2013-12-61] [REFERRED TO]
WASAWA SINGH BHAGAT SINGH VS. JAGIR SINGH HIRA SINGH [LAWS(P&H)-1965-5-12] [REFERRED TO]
AMAR SINGH VS. ASHOK KUMAR [LAWS(P&H)-1973-4-5] [REFERRED TO]
HARI SINGH AND ANOTHER VS. MELA RAM AND ANOTHER [LAWS(P&H)-1975-10-12] [REFERRED TO]
KEHAR SINGH VS. NIMBO ETC [LAWS(P&H)-1976-1-52] [REFERRED]
DAYAL SINGH S/O SHER SINGH AND ORS. VS. DES RAJ VIJ AND ORS. [LAWS(P&H)-1962-10-7] [REFERRED TO]
SOBHARAM TIKARAM VS. RAJKUMAR MUNNALAL [LAWS(MPH)-1957-4-13] [REFERRED TO]
SUKHDEVIBAI WD/O RAMNARAYAN VS. HARICHAND R B NANAKCHAND [LAWS(MPH)-1996-2-26] [REFERRED TO]
LAL BABU & ORS VS. AKHILESH SINGH & ORS [LAWS(PAT)-2017-3-125] [REFERRED TO]
BANCHHANIDHI BEHERA VS. ANANTA UPADHAYA [LAWS(ORI)-1960-12-4] [REFERRED TO]
RAM LAL VS. GURBACHAN SINGH [LAWS(P&H)-1990-11-36] [REFERRED TO]
MOHAN LAL VS. MANOHAR LAL MAKKAR [LAWS(P&H)-1995-5-26] [REFERRED TO]
SAGARMAL AGARWALLA VS. ANNAPURNA NEOGI [LAWS(PAT)-1962-11-16] [REFERRED TO]
FULRA DEVI VS. ADDL DISTT & SESS JUDGE / F T C II AMBEDKAR NAGAR [LAWS(ALL)-2017-12-266] [REFERRED TO]
RAMA CO OP BUILDING SOCIETY VS. A V BHANOJI RAO [LAWS(APH)-1964-10-5] [REFERRED TO]
NARASU V V L VS. V SREERAMA MURTHY [LAWS(APH)-1997-10-87] [REFERRED TO]
PALTOO VS. SUKHIYA [LAWS(ALL)-1991-7-77] [REFERRED TO]
STATE OF DELHI VS. SIDHARTHA VASHISHT [LAWS(DLH)-2006-12-91] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. TEXT HUNDRED INDIA PVT LTD [LAWS(DLH)-2011-1-47] [REFERRED TO]
AVADH NARAIN SINGH VS. ADDITIONAL SUPERINTENDENT OF POLICE [LAWS(ALL)-1959-2-6] [REFERRED TO]
DEPUTY REGISTRAR CO OPERATIVE SOCIETIES U P LUCKNOW VS. CHAUDHARI SARFARAZ UN ZAMAN [LAWS(ALL)-1971-7-5] [REFERRED TO]
PARAS RAM VS. DAYAL DAS [LAWS(HPH)-1964-9-2] [REFERRED TO]
JOGINDER SINGH VS. DESH RAJ [LAWS(HPH)-2013-5-94] [REFERRED TO]
SH. VIPTU RAM VS. GANGA DASS [LAWS(HPH)-2013-5-161] [REFERRED TO]
RAJESHWARI DEVI AND ORS. VS. VIJAY KUMARI [LAWS(HPH)-2015-9-118] [REFERRED TO]
MIRACLE SOFTWARE SYSTEMS (I)(P) LTD. VS. JCIT RANGE-3 [LAWS(IT)-2015-1-383] [REFERRED TO]
B VSUNDARIAH VS. B RRAMASASTRY [LAWS(KAR)-1954-1-3] [REFERRED TO]
PRITHVIRAJ ANNASAHEB PATIL VS. ANNASAHEB NARAYANARAO PATIL [LAWS(KAR)-1994-11-27] [FOLLOWED ON]
K.L. Ganapathi and another VS. Ganapati Bhatta, Since dead by L.Rs. and another [LAWS(KAR)-2001-1-87] [REFERRED TO]
KHEMCHAND MULCHAND VS. GOVERNMENT OF MADHYA PRADESH BHOPAL [LAWS(MPH)-1968-12-13] [REFERRED TO]
ABHAY KUMAR NATTHU LAL JAIN VS. SANTOSH KUMAR MADANLAL NAIK [LAWS(MPH)-2000-3-96] [REFERRED TO]
SAKEEL AHMAD VS. CHANDRAMOHAN [LAWS(MPH)-2022-2-6] [REFERRED TO]
KALU RAM VS. GHISALAL [LAWS(RAJ)-1970-11-12] [REFERRED TO]
MANDHATA SINGH & ANR. VS. BANS BAHAL SINGH [LAWS(ALL)-2017-3-47] [REFERRED TO]
RAMKISHAN RAO ALIAS BABURAO VS. SHRINIVASA RAO [LAWS(APH)-1958-11-16] [REFERRED TO]
SYED MOHAMMED YAR KHAN ALIAS HABEED ALI SHAH SANI AND ANOTHER VS. SYED YOUSUF YAR KHAN AND OTHERS [LAWS(APH)-1962-12-14] [REFERRED TO]
AKULA JANGAIAH AND OTHERS VS. SYED SHAH AKBAR HUSSAINI [LAWS(APH)-1975-8-25] [REFERRED TO]
MANINDRA NATH DAS VS. RAM KINKAR KUNDU [LAWS(CAL)-1954-6-3] [REFERRED TO]
VED PARKASH VS. GOPALA & OTHERS [LAWS(HPH)-2016-9-105] [REFERRED]
SHAKIL AHMED VS. HAROON RASHID [LAWS(CAL)-2013-7-43] [REFERRED TO]
SUSHIL CHANDRA VS. BHOOP KUNWAR [LAWS(ALL)-1977-4-23] [REFERRED TO]
S. ARULSELVAN VS. THE DISTRICT COLLECTOR [LAWS(MAD)-2017-8-382] [REFERRED TO]
SMT. K. PREMA BAL VS. SRI. M.K. SUDHAKARA SBDTTY AND ORS. [LAWS(KAR)-1995-7-71] [REFERRED TO]
VENUKURI KRISHNA REDDI AND ANR. VS. KOTA RAMI REDDI AND ORS. [LAWS(MAD)-1953-11-21] [REFERRED TO]
SURESH PRASAD AND ORS. VS. RAM KRISHNA AND ORS. [LAWS(MPH)-2002-1-111] [REFERRED TO]
JASWANT SINGH AND ORS. VS. KESHO DASS [LAWS(P&H)-2015-10-17] [REFERRED TO]
UNION OF INDIA VS. FIRM BALWANT SINGH JASWANT SINGH [LAWS(P&H)-1956-3-13] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. RAO RAJA HANUT SINGH [LAWS(RAJ)-2001-1-77] [REFERRED TO]
ARJUN MAL VS. MOHINI DEVI [LAWS(RAJ)-2002-4-21] [REFERRED TO]
VISHNU IRON AND STEEL INDUSTRIES VS. GOVIND RAM [LAWS(RAJ)-2003-4-12] [REFERRED TO]
Tantooram Meghwa VS. Chandrika Sukhiram [LAWS(MPH)-1959-7-30] [REFERRED TO]
RAMPAL GARG VS. SHRIMAD DAYANAND ORPHANAGE AJMER [LAWS(RAJ)-1969-8-6] [REFERRED TO]
PRAGASH SINGH VS. MADAN MOHAN PRASAD SINGH [LAWS(PAT)-1959-7-10] [REFERRED TO]
SURJIT SINGH VS. GURWANT KAUR [LAWS(SC)-2014-8-58] [REFERRED TO]
Dayanithi VS. V Krishnamurthi [LAWS(MAD)-2005-5-2] [REFERRED TO]
YETENDRA KUMAR S/O LATE LUXMAN DASS VS. VINOD KUMAR [LAWS(UTN)-2014-11-24] [REFERRED TO]
JAIPAL SINGH VS. SMT. SUDHA RANI [LAWS(UTN)-2018-4-103] [REFERRED TO]
STATE OF DELHI VS. SIDHARTHA VASHISHT ALIAS MANU [LAWS(DLH)-2006-2-207] [REFERRED TO]
UNION OF INDIA VS. B. N. GUHA & CO. [LAWS(CAL)-1973-3-43] [REFERRED TO]
ANJUMAN ARA BEGUM VS. NAWAB ASIF KADER SIR SYED WASIF ALI MEERZA [LAWS(CAL)-1953-9-15] [REFERRED]
RAM ASRAY VS. DISTRICT JUDGE [LAWS(ALL)-2004-3-140] [REFERRED TO]
MANJI DHARMSHI VS. PATEL KADVA BHADA [LAWS(GJH)-1965-11-11] [REFERRED>]
VIDYADHAR RAI VS. KHARA NAND RAI [LAWS(ALL)-1971-11-5] [REFERRED TO]
JAGI NARAYAN VS. BACH KALIYA [LAWS(ALL)-1979-9-17] [REFERRED TO]
IRIDIUM INDIA TELECOM LIMITED VS. MOTOROLA INC [LAWS(BOM)-2003-12-58] [REFERRED TO]
TIMBLO PRIVATE LIMITED VS. KAMALINI R PAINGUINKAR [LAWS(BOM)-2009-10-3] [REFERRED TO]
KHIALI RAM VS. YASH PAL [LAWS(HPH)-2011-5-86] [REFERRED TO]
ASA RAM VS. MEDH RAM ALIAS MEDH CHAND AND OTHERS [LAWS(HPH)-2013-6-138] [REFERRED TO]
PARMODH SINGH VS. BILWAMANGAL [LAWS(HPH)-2014-11-136] [REFERRED TO]
RAGHAVENDRA SWAMY MUTT VS. UTTARADI MUTT [LAWS(KAR)-2017-11-174] [REFERRED TO]
VARADHAN VS. M GOVINDASAMY [LAWS(MAD)-2009-11-223] [REFERRED TO]
CHELLAPPAN PILLAI VS. DEVASIA [LAWS(KER)-1965-11-15] [REFERRED TO]
RAJMAL MISHRIMAL AND OTHERS VS. RAJMAL KHEMCHAND AND ANOTHER [LAWS(MPH)-1954-4-9] [REFERRED TO]
THAMBURAJA VS. KANAKASABAI PADAYACHI [LAWS(MAD)-2003-4-26] [REFERRED TO]
SADANANDA SAHU VS. STATE OF ORISSA [LAWS(ORI)-1961-1-4] [REFERRED TO]
Kamlesh Manjari Devi VS. Satyanarayan Aich and eleven [LAWS(ORI)-2008-6-12] [REFERRED TO]
OFFICIAL LIQUIDATOR VS. RAGHAWA DESIKACHAR [LAWS(SC)-1974-8-53] [RELIED ON]
BALBIR SINGH VS. BALKIAR SINGH [LAWS(P&H)-1992-8-37] [REFERRED TO]
JAVED VS. SARAFAT HUSSAIN [LAWS(UTN)-2017-7-123] [REFERRED TO]
RAMKRISHNA RAJAK VS. SAGAR KUMAR BOSE [LAWS(CAL)-1990-11-31] [REFERRED TO]
SRI NARAIN DAS VS. IIND ADDL DISTRICT JUDGE MORADABAD [LAWS(ALL)-1998-5-44] [REFERRED TO]
GANGARAM VS. KAMAL [LAWS(BOM)-2014-4-224] [REFERRED TO]
DEV RAJ AND OTHERS VS. MAHANT RAJINDER GIR AND OTHERS [LAWS(HPH)-2016-5-57] [REFERRED TO]
UNION OF INDIA UOI VS. MOOL NARAIN [LAWS(ALL)-1959-3-34] [REFERRED TO]
BABU KHAN VS. NAGAR MAHAPALIKA LUCKNOW [LAWS(ALL)-1972-3-2] [REFERRED TO]
C D BISWAS VS. LACHHAMI BAI [LAWS(DLH)-1968-1-14] [REFERRED TO]
SANT RAM VS. PARAS RAM [LAWS(HPH)-1954-8-7] [REFERRED TO]
ANIL MAHAJAN VS. SAVITRI CHAUDHARY [LAWS(HPH)-2010-11-147] [REFERRED TO]
PRITAM CHAND VS. BILWAMANGAL [LAWS(HPH)-2014-11-104] [REFERRED TO]
MAHAR SINGH VS. BILWA MANGAL [LAWS(HPH)-2014-11-137] [REFERRED TO]
SARDAR SAROVAR NARMADA NIGAM LIMITED VS. PATEL MAHESHBHAI CHIMANBHAI [LAWS(GJH)-2007-7-22] [REFERRED TO]
V S SACHDEVA VS. M L GROVER [LAWS(DLH)-1997-5-54] [REFERRED]
K GEETHA VS. V VASUDEVAN [LAWS(MAD)-2007-8-8] [REFERRED TO]
JAGAR VS. CHHOTO [LAWS(P&H)-1963-3-45] [REFERRED]
DELTA MARINE CO. VS. ATLANTA INFRASTRUCTURE LTD. AND ORS. [LAWS(ORI)-2020-11-18] [REFERRED TO]
Mathura Prasad VS. Anant Ram [LAWS(MPH)-1959-3-31] [REFERRED TO]
SOMATSINGH VS. LELLA BAI [LAWS(MPH)-1993-2-20] [REFERRED TO]
CHUNILAL OJHA VS. MUL SHANKAR OJHA [LAWS(ORI)-1960-12-9] [REFERRED TO]
K VENKATARAMIAH VS. A SEETHARAMA REDDY [LAWS(SC)-1963-2-12] [RELIED ON]
MOTI LAL VS. SARDAR MAL [LAWS(RAJ)-1975-9-21] [REFERRED TO]
BAJRANG RAI VS. ISMAIL MIAN [LAWS(PAT)-1977-5-8] [REFERRED TO]
GANESH SAHI VS. RAMDENI SAHI [LAWS(PAT)-1952-7-8] [REFERRED TO]
RAMLAGAN JAMADAR VS. AKLESHWAR PRASAD [LAWS(PAT)-1957-11-12] [REFERRED TO]
STATE OF PUNJAB AND ANOTHER VS. SMT. PARMODH BALA [LAWS(P&H)-1987-9-100] [REFERRED TO]
GYANTI DEVI VS. UDAI KUMAR [LAWS(PAT)-2022-8-63] [REFERRED TO]
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FIRM BAL GOVIND KISHORI LAL THRU PARTNER & 6 ORS VS. ADDITIONAL DISTRICT JUDGE COURT NO 2 FAIZABAD AND ORS [LAWS(ALL)-2016-3-267] [REFERRED]
BANGSHIDHAR PAL VS. ANIL KUMAR PAL [LAWS(CAL)-1994-4-23] [REFERRED TO]
NATIONAL RUBBER WORKS VS. DAISY MANTOSH [LAWS(CAL)-2002-12-17] [REFERRED TO]
CHANAN KAUR VS. AJIT SINGH [LAWS(DLH)-2011-8-426] [REFERRED TO]
NARAIN DAS VS. IIND ADDL DIST JUDGE MORADABAD [LAWS(ALL)-1998-5-120] [REFERRED TO]
RAJA RAM VS. BOARD OF REVENUE [LAWS(ALL)-1999-2-51] [REFERRED TO]
MIRCHI VS. DY. DIRECTOR OF CONSOLIDATION UP LUCKNOW CAMP AND OTHERS [LAWS(ALL)-1970-11-35] [REFERRED TO]
AMINA KHATOON VS. JOHRA BIBI [LAWS(ALL)-1971-1-8] [REFERRED TO]
SHAMIM ALAUDDIN SHAIKH VS. ALLAUDDIN GULAB SHAIKH [LAWS(BOM)-2006-9-269] [REFERRED TO]
SARAL DEV SHARMA VS. LILA RAM [LAWS(DLH)-1972-2-34] [REFERRED TO]
OM DEVI AND ORS. VS. KRISHAN KUMAR AND ORS. [LAWS(HPH)-2015-8-11] [REFERRED TO]
AMARAVATHI VS. SANKARANARAYANAN [LAWS(MAD)-2018-7-102] [REFERRED TO]
MOOKKEN DEVASY OUSEPH AND SONS VS. STATE OF KERALA [LAWS(KER)-1960-1-36] [REFERRED TO]
DALIP SINGH VS. SANTA SINGH, ETC [LAWS(P&H)-1972-11-55] [REFERRED]
GIRRAJ PRASAD VS. TARA DEVI [LAWS(RAJ)-2010-11-23] [REFERRED TO]
KEDARNATH KHETAN VS. JAINARAIN RAM LUNDIA [LAWS(PAT)-1954-5-5] [REFERRED TO]
JAGTAL MAHTO VS. SURENDRA SINGH [LAWS(PAT)-1978-2-29] [REFERRED TO]
RAM SINGH VS. SARVESH KUMAR MITTAL [LAWS(UTN)-2020-3-58] [REFERRED TO]
CEEAN INTERNATIONAL PRIVATE LIMITED VS. ASHOK SURANA [LAWS(CAL)-2002-8-19] [REFERRED TO]
ASHWINKUMAR MANILAL SHAH VS. CHHOTABHAI JETHABHAI PATEL [LAWS(GJH)-2000-9-45] [REFERRED TO]
STATE OF GUJARAT VS. SANKALCHAND P VACHHETA [LAWS(GJH)-2004-7-68] [REFERRED TO]
JAI NARAIN PANDEY VS. LALLAN TIWARI [LAWS(ALL)-1972-12-6] [REFERRED TO]
ANZ GRINDLAYS BANK VS. DIRECTORATE OF ENFORCEMENT [LAWS(BOM)-1998-11-38] [REFERRED TO]
MANOHAR LAL VS. JOGINDER SINGH [LAWS(HPH)-2014-12-95] [REFERRED TO]
KAPILBHAI ISHWARBHAI PATEL, LEGAL HEIR OF ISHWARBHAI MANI VS. DINESHBHAI MANIBHAI PATEL DECD.THRO HEIRS [LAWS(GJH)-2016-4-231] [REFERRED]
VAGEESWRI S. VS. A. MOHAMMED RASOOL [LAWS(KAR)-2021-1-41] [REFERRED TO]
S. AMBIKA VS. RAJAPPAN [LAWS(KER)-1983-1-31] [REFERRED TO]
ASHISH KUMAR DAS VS. NORTH EASTERN HILL UNIVERSITY [LAWS(MEGH)-2017-8-3] [REFERRED TO]
Kashibai VS. Tulsabai [LAWS(MPH)-1960-3-19] [REFERRED TO]
SUNDERBAI JAIN VS. MOOLCHAND AGARWAL [LAWS(MPH)-1982-1-16] [REFERRED TO]
AISHA BEGAM AND ORS. VS. SHAHNAZ BEGAM AND ORS. [LAWS(PAT)-2015-3-182] [REFERRED TO]
BALKIS NATCIAR VS. ARULMIGU ADHEESWARAR THIRUKOIL [LAWS(MAD)-2020-2-428] [REFERRED TO]
VIJAY KUMAR JAIN VS. SHAKUNTALA DEVI [LAWS(PAT)-2004-11-5] [REFERRED TO]
NATHA SINGH VS. FINANCIAL COMMISSIONER TAXATION PUNJAB [LAWS(SC)-1976-3-17] [RELIED ON]
BHARAT MOTORS AND OTHERS VS. SAVITRI @ SAVITRI DEVI BHAWSINKA AND OTHERS [LAWS(ORI)-2017-5-74] [REFERRED TO]
DAYAL SINGH AND ORS. VS. DES RAJ VIJ AND ORS. [LAWS(P&H)-1962-10-24] [REFERRED TO]
VINOD KUMAR (UNSOUND MIND) VS. TARACHAND [LAWS(ALL)-2017-7-200] [REFERRED TO]
NATIONAL AGRICULTRAL CO OP MARKETING FEDERATION OF INDIA LAT VS. RAM NARAYAN TEK [LAWS(CAL)-1988-4-22] [REFERRED TO]
TARAK NATH SHA VS. BHUTORIA BROTHERS PRIVATE LIMITED [LAWS(CAL)-1997-8-12] [REFERRED TO]
SARDAR SAROVAR NIGAM LTD VS. SOLANKI AMTHAJI KALUJI [LAWS(GJH)-2007-7-46] [REFERRED TO]
UNION OF INDIA VS. ANGRUP THAKUR [LAWS(DLH)-1968-6-12] [REFERRED TO]
SUSHMA MEHTA VS. MEHAR SINGH AND OTHERS [LAWS(HPH)-2013-4-168] [REFERRED TO]
THAKUR DASS VS. JAGDISH [LAWS(HPH)-2014-6-130] [REFERRED TO]
MULKH RAJ VS. STATE [LAWS(J&K)-1973-11-1] [REFERRED TO]
SRI. RAGHAVENDRA SWAMY MUTT VS. SRI. UTTARADI MUTT [LAWS(KAR)-2017-11-116] [REFERRED TO]
MANTU MODAK VS. FATIK CHANDRA MODAK [LAWS(JHAR)-2019-1-96] [REFERRED TO]
G. VENKATACHALAM VS. A.P. KUPPURAJ S. SUNDARAM [LAWS(MAD)-2017-4-121] [REFERRED TO]
SANKARA WARRIER VS. RADHA [LAWS(KER)-1960-7-29] [REFERRED TO]
MAHANT VAISHNAVADAS VS. RAMANUJDAS MINOR THROUGH G.A.L. MST. BINODINI [LAWS(MPH)-1962-2-23] [REFERRED TO]
DHARM RAJ YADAV VS. KARMI KUMARI [LAWS(PAT)-2013-4-32] [REFERRED TO]
M SHANMUGHASUNDARAM VS. N T P SUBBURAYA CHETTIAR [LAWS(MAD)-1997-12-39] [REFERRED TO]
STATE OF ORISSA VS. DESRAJ JAGADISH PRASAD KESINGA [LAWS(ORI)-1973-4-13] [REFERRED TO]
RAJKISHORE PANDA VS. B M E BIDYAPITHA [LAWS(ORI)-1986-3-24] [REFERRED TO]
N. NATARAJAN VS. THE EXECUTIVE OFFICER [LAWS(MAD)-2015-3-264] [REFERRED TO]
MAGHAR SINGH VS. KEWAL RAM [LAWS(P&H)-1972-4-52] [REFERRED]
KHEM CHAND AND OTHERS VS. KAMAL KISHORE AND OTHERS [LAWS(P&H)-1986-5-102] [REFERRED TO]
BIMAL MALHOTRA VS. GIAN KAUR [LAWS(P&H)-1999-1-19] [REFERRED TO]


JUDGEMENT

- (1.)The pltf. Arjan Singh alias Puran, brought a suit in the Ct. of the Subordinate Judge, Jullundur, against Inder Singh, Kartar Singh and five others, for a declaration that a will executed by deft. 1, Inder Singh, in favour of deft. 2, Kartar Singh, about 14 years ago was null and void as against the pltf., who was deft, 1's reversionary heir after his death. The plaint comprised a half share of land measuring 395 kanals in the village of Kadduwal, another half share of land measuring 837 kanals and 11 marlas in the village of Pattar Kalan, and four houses in the latter village. In the pedigree attached to the plaint showing the relationship of the parties, the pltf, claims Sehja Singh as his 4th ancestor. Jodha Singh and Jai Singh are shown as Sehja Singh's sons. Defendant 1, Inder Singh, is Jodha Singh's grandson. It is alleged that the parties are Jat agriculturists governed by the customary law in matters of alienation of ancestral property and succession and that as a sonless proprietor under this law is not competent to make a will in respect of his ancestral property, when there are collaterals up to the 5th degree, and as the entire property mentioned in the plaint was ancestral, the will made by deft. 1 in favour of deft. 2 who claimed to have been adopted by deft, was invalid and ineffectual. Plaintiff was born on 22-7-1919, and was a minor when the will was made, and so the suit was within time.
(2.)The suit was contested mainly by deft. 2, Kartar Singh, who set up his adoption and pleaded that the properties were not at all ancestral as regards the pltf. Defendants 3 to 7 remained exparte.
(3.)At the trial, it was admitted that the land situated in Kadduwal was not proved to be ancestral. The Subordinate Judge held that even the land in Pattar Kalan was not shown to be ancestral by the evidence adduced on the side of plts., as it was found that the common ancestor, Sehja Singh, had not only two sons called Jodha Singh and Jai Singh, but a third son named Pohlo, and that from the mere fact that the two sons enjoyed the land in equal shares, no presumption could arise that the property was ancestral and descended by inheritance from the common ancestor, when nothing was known about the share of the third son. He recorded findings in favour of the pltf. on the issues as to adoption and limitation, but be also held that the pltf, had no locus standi to contest the validity of the adoption as the period of limitation had expired long before be was born. In the result, the suit was dismissed.
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