DALIP CHAND Vs. CHUHRU RAM

JUDGEMENT

(1.) This second appeal is by Smt. Minhon, defendant in a suit instituted by her son Chuhru Ram, who is the respondent in this Court. Apart from her, one Dalip Chand is also an appellant. He too was a defendant in the suit.

(2.) One Munshi Ram, husband of Smt. Minhon and father of plaintiff Chuhru, was occupancy tenant of 144 Kanals of land. He died in the year 1940 leaving Smt. Minhon and Chuhru Ram as his heirs.

(3.) Section 59 of the Punjab Tenancy Act contemplated succession to the entire occupancy tenancy land in favour of Chuhru as the sole male lineal descendant of Munshi Ram. Smt. Minhon was only entitled to a life estate under that provision. However, mutation was effected in favour both of Chuhru Ram and Smt. Minhon in respect of the land in equal shares. Chuhru Ram was a minor then.