SADHU Vs. MST. KISHNI

JUDGEMENT

(1.) THE following facts have given rise to this letters patent appeal, in R.S.A. No. 896 of 1963.

(2.) PUNJABA (since dead) and Sadhu appellant instituted a suit against Smt Kishni with the allegations that her husband Fateh Singh having died, she had entered into a karewa marriage with one Hari Singh of Sherpur, about 10 or 11 years prior to the institution of the suit, and on the performance of the said karewa marriage, she forfeited all her rights and title to the property left by her deceased husband, Fateh Singh. They further claimed ownership of the property. The suit was contested by Shmt Kishni and it led to the framing of the following issues : - -

(3.) WHETHER the daughter and daughter's son of Shri Fateh Singh are in existence ? If so, its effect ?