(LALA) DILA RAM Vs. KURA MAL

JUDGEMENT

(1.) This is a plaintiff's appeal and arises under the following circumstances: The pedigree will be found at p.7 of the printed record. The plaintiff, Dila Ram is a sister's son to Relu. Mal, The property in suit belonged to Relu Mai. He died in 1908 and was succeeded by his widow Mt. Pari who died in 1924. Dila Ram claimed the property as the heir of Relu Mai. The claim was directed against the daughter of Rula Mal's brother Hardhian Singh, namely, Mt. Parsand, her husband Kura Mai and four sons of Mt. Parsandi.

(2.) The defendants met the claim by the allegation that Relu Mul in his lifetime executed a tamliknama in 1899 by which he gave his entire property after his death and after the death of his widow to one Nanu Mal and that therefore the plaintiff was not entitled to the property, he not being an heir of Nanu Mal.

(3.) The learned Subordinate Judge took down the statement of (he parties before framing issued an 1 he also examined Kura Mal, the husband of Mt. Parsandi The plaintiff stated that Nanu. Mai was related to Relu Mal in this way, that Nanu Mal's father Munshi was Relu Mal a sister's son. Kura Mal in his statement said that he wag unable to say if Munshi was sister's son to Relu Mai. He admitted however that Nanu Mal was son of Munshi. There was a further plea that Nanu Mal had adopted Jagmandar, one of the defendants. On this point the Courts below are agreed that Jagmandar was never in fact adopted by Nanu Mai.