RAGHUBARSINGH Vs. GULAB SINGH

JUDGEMENT

(1.) An answer to the question whether Smt. Janak Dulari wife of Manraj Singh had any pre-existing right in the suit land and whether after the coming into force of the Hindu Succession Act, 1956 (hereinafter referred to as the Act) she became the full or absolute owner of that land, would determine the fate of this appeal by special leave.

(2.) The following table shows the relationship between the parties:-

(3.) Manraj Singh son of Dhurandhar Singh and grandson of Hakimsingh son of the common ancestor of the parties Subransingh, executed a will (Ex.D-5) on 23-7-1946. He died on 27-8-1946. Manpher Singh son of Dashrath Singh son of the common ancestor Subransingh filed a suit for cancellation of the will in which Smt. Janak Dulari widow of Manraj Singh and her grandson Raguhvir Singh (son of Narbadia) were both made parties. That suit ended in a compromise and a decree was passed in terms of the compromise deed (Ex. P-3) on 2-8-47. Clause Nos. 1 and 2 of the compromise decree read as follows:-