ARJAN SINGH Vs. PINGLE DEVI

JUDGEMENT

(1.) One Baisakhi made a Will of certain property on 24/09/1963 in favour of plaintiff-appellant Arjan Singh. Baisakhi died on 7/03/1964.

(2.) The plaintiff as well as the defendants in the suit, out of which the present second appeal has arisen, are admittedly collaterals of Baisakhi who was the last male holder of the property in question.

(3.) On the basis of the Will aforesaid, Arjan Singh claims possession of the entire property which was the subject matter there-of. What was pleaded by the defendants, however, was that it was not open to Baisakhi to alienate any part of the ancestral property through a will. According to the defendants, the parties inherited the property, to the extent they were entitled to, as far as the property which was ancestral in the hands of Baisakhi was concerned. They did not dispute the due execution of the Will. We may mention that the only advantage that the plaintiff gets under the Will is that the share which came to him under the Will is a little more than that which he would have got in case the ancestral property came to him by inheritance as a collateral.