YAD RAM Vs. CHAND KAUR

JUDGEMENT

(1.) A registered will dated August 18, 1970 executed by late Hari Singh is the subject matter of challenge between the parties who are related to each other. It shall be apposite to keep in mind the genealogical table of the family which is as under :

(2.) THE Will describes the property owned by the testator i.e. he owned a double storeyed pucca house situated at Arya Nagar, Sonipat and he inherited 1/2 share in the agricultural land owned by Jhunda. The total land owned by Jhunda was 199 Kanal 3 Marlas. Half of the said share went to the brother of Hari Singh namely Kaniya. He is further shown to have been succeeded by Deep Chand who had further two sons namely Daya Nanad and Yad Ram. Yad Ram has no successor whereas Daya Nand has two sons namely Ved Singh and Satbir Singh. Admittedly, half share from the total land fell to the lot of Hari Singh and that he had only two daughters i.e. plaintiff and defendant No. 4. Resultantly, the plaintiff has filed a suit for possession and permanent injunction by claiming 1/4th share in the land i.e. the share measuring 38 Kanals 7 Marlas.

(3.) THUS , the plaintiff has filed the suit for possession and permanent injunction claiming her right as a natural successor along with defendant No. 4. It is claimed that the plaintiff had been in possession of the land measuring 38 Kanals 7 Marlas equivalent to her share.