BARU Vs. INDAR

JUDGEMENT

(1.) This appeal is brought by the plaintiff against an appellate decree of the Additional District Judge, Ambala, dated the 18th of June, 1953, reversing the decree of the trial Court decreeing the plaintiff's suit.

(2.) The following pedigree-table will assist in the determination of the points involved in the case :-

(3.) The first wife of Baru died some time before 1920 leaving two daughters. Asa Ram died leaving a widow Mst. Nikki. Telu Singh had two sons Indar and Bakhtawar. Baru, Nikki and the sons of Telu Singh were all residing together and as Baru was not a very active man and Nikki was a widow Indar and Bakhtwar were cultivating for and on behalf of these two persons also. Indar wanted to be appointed a Zaildar in the Zail and Dal Singh, a relation in the fourth degree who was at that time a Lambardar, transferred his Lambardari to him. He had now to get land to be able to have the requisite property qualification.