RAM SINGH AND ANOTHER Vs. JETHKI AND OTHERS

JUDGEMENT

(1.) The following substantial questions of law arise for consideration in the second appeal:-

(2.) The defendants are the appellants. The suit had been filed by the widow and the daughters of Amar Singh for a declaration that they are the owners in possession of the suit land which was 1/3rd share of 414 kanals and 8 marlas of land, namely 113 kanal and 2 marlas or in the alternative for 8 kanals that was given in lieu of maintenance under the decree and that the will executed by the 1st defendant including 8 killas of land given to 1st plaintiff for maintenance was not valid. The contention of the plaintiffs was that the right which the plaintiffs had in relation to the property was really in recognition of a right to the property and any restriction in interest was invalid.

(3.) The defendants would take a plea that there had been a suit instituted by the brothers of the 1st plaintiff's husband Rai Singh (second defendant) and one Ram Singh in Civil Suit No. 1066 of 1969 before the Sub Judge Fatehabad for a declaration that they were entitled to "a 1/3rd share in 2/3rd share in 2/9th share" (sic) of the total agricultural land holding measuring 276 kanals of land and in that suit a compromise decree was passed admitting to the plaintiffs' 2/3rd share in the property and that 1/3rd share was to be enjoyed by the 1st plaintiff for life time and after her death the property would devolve on the 1st defendant father-in-law absolutely. The 1st defendant, therefore, claimed that the 1st plaintiff had only a limited interest in the property and that restriction in interest cannot be enlarged by assertion of her right to full ownership through the suit. It was also contended by the 1st defendant that the property was a self-acquired property of the 1st defendant and consequently he had a right to execute the will and the same cannot be challenged through a suit.