KHUMAN Vs. BARELAL

JUDGEMENT

(1.) The short question involved in this appeal, is about status of illegitimate son in the self-acquired property of deceased father. The facts found proved in the present case are as under:

(2.) Deceased Sarua had kept as wife, deceased plaintiff Khema Bai, from whom, appellant was born, Khema Bai was residing separate from married wife of Sarua, from whom, defendant Barelal was born.

(3.) During his life-time, Sarua had partitioned his agricultural holding between himself and his son Barelal and appellant. The dispute arose between the parties after the death of Sarua regarding agricultural land, which fell ,to the share of deceased. Defendant/respondent No.1 Barelal got mutation of the disputed land in his name after death of his father and also claimed it on the basis of 'Will' Ex. D/1. However, appellant brought a suit for declaration and cancellation of mutation for partition claiming l/3rd share in the suit property challenging 'Will' as fake and false and further claimed the suit land on the basis of an oral 'Will' by deceased Sarua in his favour.