KALU Vs. NAND SINGH

JUDGEMENT

(1.) THE following pedigree table will be of help in sating the facts of this regular second appeal filed by Kalu defendant : -

(2.) THE dispute relates to a one -third share in the joint khata of the parties which had belonged to Karma son of Gulab Karma died without leaving any widow or issue in 1961 and a dispute has arisen about succession to his one -third share in the joint Khata between his brother Nand Singh plaintiff on one side and the sons and a grandson of a predeceased brother of the deceased, namely Munshi son of Gulab. As Munshi's sons and grandson were described to have gone into unlawful possession of the land. Nand Singh plaintiff claiming to be the nearest heir under Hindu Succession Act, 1956, had filed this suit fur the Possession of Karma's one -third share in the joint holding. It had been alleged in paragraph 6 of the plaint that before the coming into force of the said Act, the parties who are Jats were governed by Punjab Customary Law in matters of succession to and alienations of property and that Karma had no right to make a will of the land in dispute which was ancestral in his hands qua the plaintiff. In support of the plea of custom, it, had been further averred in this paragraph that the members of the family were dependent on agriculture and cultivated lands with their own hands. The deceased was described to have made an unauthorised will dated 26 -02 -1957 in favour of his deceased brother's grandson Kalu who was a minor at the time of the filing of this suit in 1961.

(3.) THE trial Court framed following two issues in the first instance : - (1) Whether the land in dispute is ancestral qua the Plaintiff and Karma deceased. (2) Whether Karma executed a valid will in favour of defendant No. 1.