MAHIPAT Vs. BHIM SINGH

JUDGEMENT

(1.) THIS judgment will dispose of two Letters Patent Appeals Nos. 30 and 29 of 1975 filed by Mahipat and others against Bhim Singh and others which are directed against the judgment of the learned single Judge dated November 7, 1974 whereby the learned Judge reversed the judgment of the Additional District, Judge, Rohtak dated February 25, 1972 and allowed Regular Second Appeal No. 889 of 1972 filed by Bhim Singh and as a consequence dismissed Regular Second Appeal No. 975 of 1972 preferred by Mahipat and others.

(2.) FOLLOWING pedigree table of the parties wilt be of assistance in understanding the facts of the case out of which the appeals have arisen:- (See pedigree table) Khubi _________________________________________________________ _ | | | Her Nand Ghasi Hari Singh (died issueless testator) _______| | | | | Mahipat Birkha Ohandgl | ______________|_____________________ _ | | | | | | | | Bhim Jage Bisal Singhpirthi Tara Darya Singh | Singh | (legatee)______________|_________________________ _ mst Nathan Bisal Savitri Sumitra Murti (widow of Singh (daughter) (daughter) (daughter)Birkha)

(3.) HARI Singh died issueless on June 30, 1965. On Oct 26, 1964 he execute a will masked Exhibit D. 1. whereby he bequeathed his entire property including the agricultural lands, which are the subject matter of present litigation commenced by Mahipat and Birkha, in favour of Bhim Singh, a grandson of his real brother namely Ghasi in lieu of services rendered by him during his lifetime.