SUDARSHAN Vs. L CHANAN RAM

JUDGEMENT

(1.) This is a plaintiff's appeal against a judgment and decree of Mr. Rajinder Singh, Subordinate Judge 1st Class, Zira, dated the 29th October, 1949 dismissing the plaintiff's suit for declaration that the decrees passed by the Lahore High Court dated the 21st February 1945 and by Mr. Chaman Lal Puri Subordinate Judge Ist Class, Moga, dated the 30th October, 1946 are "ineffectual as against the rights of the plaintiffs the minors, and are liable to be set aside" and also for consequential relief.

(2.) The following pedigree-table will help the understanding of the case :-

(3.) Shanker Das who was an Overseer in the Canal Department retired in 1936. On the 14th January 1941 Shanker Das made a will by which be bequeathed his property to Chanan Ram and Karam Chand his two sons and to Sudershan the son of Arjan Dev and he thus disinherited Arjan Dev. He also provided in the will that if any other children were born to Arjan Dev by his second wife they will inherit equally with Sudershan and during the minority of Sudershan, Chanan Ram was to act as his guardian. On the 5th March, 1941 Shankar Das died and the property was taken possession of by Chanan Ram on behalf of himself and on behalf of his ward Sudershan.