UDHAM SINGH Vs. HARNEK SINGH

JUDGEMENT

(1.) I . The lis and geneology 1. The plaintiffs, who were successful for securing a half share in the suit properties suffered a reversal of the decision at the appellate court. The Additional District Judge allowed the appeal of the defendants and dismissed the plaintiff's suit. The plaintiffs are the appellants before this Court.

(2.) THE suit related to the estate of Jiwan Singh. The case will have to be understood in the context of the relationship between parties and it is, therefore, immediately set forth as under: - Makhan Singh i i Jiwan Singh Narain Singh (Died prior to 1930) I _________________ I I Chand Kaur (2nd wife) Bholi (1st wife) (Died on 09.04.1978) (died in 1930) I I Gurbansi Chinti (Died on 15.02.1954) I I Harnek Singh Jagtar Singh Avtar Singh Udham Singh Bakhshish Singh Nami (defendants) (plaintiffs) II. History of previous litigation

(3.) TWO appeals had been filed before the Division Bench of the High Court of Judicature of Lahore and the Division Bench held through a judgment dated 28.11.1934 that the trial Court judgment was correct that revealed a well established custom amongst Jats of Jalandhar district that a daughter excluded a nearer male collateral in succession to the self -acquired property of her father. III. Basis of the plaintiffs claim as pleaded