SM ISHAR KAUR Vs. DAULAT RAM

JUDGEMENT

(1.) Dal Chand had three sons, Mathra Das, Daulat Bam and Chum Lal, and one daughter Shrimati Khushal Dcvi. Shrimati Roop Kaur was the wife of Lal Chand. On the 8th of August 1922, Lal Chand separated Mathra Das from him by giving him a house at Amritsar worth Rupees 10,000/- and obtained a registered deed of release from him.

(2.) on the 2nd of May 1929, Lal Chand made the will, Exhibit R.A., whereunder he gave his entire property to Daulat Ram and Chuni Lal. In that will Lal Chand provided that after his death Daulat Bam and Chuni Lal would pay rupees thirty per mensem out of the rent of the property to Shrimati Roop Kaur on account of maintenance. That will was presented for registration by Lal Chand in the Office of the Sub-Registrar at Lyall-pur and was duly registered.

(3.) On the 14th of November 19-10, Lal Chand is stated to have made the unregistered will, Exhibit P.A., whereunder he gave Shop No. 2500 situate in Jalianwaia Bagh, Amritsar, to Shrimati Ishar Kaur, wife of Mathra Das, for the maintenance and marriages of Rani, Radha, sardaro and Bholan, daughters of Mathra Das, and for the maintenance of Gopi Nath and Arjan Das, sons of Mathra Das. In the will, Exhibit P.A., Lal Chand gave his property other than the shop described above to Daulat Ram and Chuni Lal directing them to pay to Shrimati Ishar Kaur rupees five per mensem for the maintenance of the minor daughters of Mathra Das till they were married. No part of the property of Lal Chand is given under this will to Shrimati Roop Kaur or Shrimati Khushal Devi and there is nothing in the evidence to show that they had no independent means to maintain them. Indeed, neither in the Court of flrst instance nor in the appellate proceedings out of which this appeal has arisen was it suggested that in the circumstances of the case Lal Chand ought to have made any provision in the will for Shrimati Roop Kaur or Shrimati Khushal Devi.