PARSHADA SINGH Vs. MEWA SINGH

JUDGEMENT

(1.) The dispute herein pertains to the estate of Smt. Nandi widow of Chhaju. Whereas pitted on one side are plaintiffs, who are her grand sons and grand daughter, namely, Bhag Singh, Mewa Singh and Sahib Kaur, on the other are sons of brother of Chhaju, husband of Nandi. Plaintiffs, who are grand sons and daughter of Smt. Nandi endeavoured to succeed on the strength of succession,whereas the other side propounded a Will, said to have been executed by the original owner, Smt. Nandi.

(2.) Contest between the parties inter se, as mentioned above, would be reflected from the issues that came to be framed. The same read thus :-

(3.) The suit instituted by plaintiffs was partly decreed insofar as it pertained to land in dispute by holding that they were legal heirs of Nandi as specified in clause (a) of sub-section (1) of S. 15 of the Hindu Succession Act, 1956, being sons and daughter of pre-deceased daughter of Smt. Nandi and were entitled to succeed her estate in preference to the defendants who fall in clause (b) of the said Section. The suit filed by the plaintiffs, insofar as house is concerned, was, however, dismissed. Constrained, defendants filed an appeal which was dismissed by learned Additional District Judge, Ambala vide orders dated 19/11/1983 thus, confirming the judgment and decree passed by the trial Court.