MATA BADAL SINGH Vs. BIJAY BAHADUR SINGH

JUDGEMENT

(1.) THIS special appeal by the plaintiffs arises out of a suit for possession. The facts of the case are not disputed. One Ram Harakh Singh was the last male owner of the property which is involved in this suit. In the year 1916, he was murdered by his first two cousins, namely Ham Anand singh and Ram Narain Singh, sons of Chandika Singh real brother' of Ram Harakh Singh's father. Both the brothers, that is, Ram Anand Singh and Ram Narain Singh were prosecuted and ultimately convicted under Section 304, I. P. C.

(2.) ON the death of Ram Ilarakh Singh, his widow succeeded to the estate of her husband as a hindu widow, and in that capacity, she remained in possession of her husband's property till her death in 1933. She was survived by her daughter, Menda Kaur, but she could not succeed because of a family custom which excluded daughters from, inheritance. Ram Anand Singh and ram Narain Singh wore in possession of the property of Ram Harakh Singh when this suit was filed in 1945 by Maharaja Singh and his transferees, in the pedigree of the family, Maharaja Singh belongs to the line of Gajgah Singh while Ram anand Singh and Rain Narain Singh who were impleaded as defendants in the suit, belonged to the line of Alopi Singh brother of Gajgah Singh. Ram Harakh Singh also, who was murdered belonged to the line of Alopi Singh.

(3.) IN the plaint Maharaja Singh and his transferees claimed the property on the ground that Ram anand Singh and Ram Narain Singh and their descendants were disqualified from inheriting the property of Ram Harakh Singh because of his murder committed by Ram Anand Singh and Ram narain Singh. It was pleaded that if Ram Anand Singh and Ram Narain Singh and their male issues were left out, then Maharaja Singh was the nearest reversioner to succeed to the estate of ram Harakh Singh.