Himachal Pradesh Court November 1984 Judgments

Ram Dass and ors. Vs. Kishan Dev and anr.

Court: Himachal Pradesh

Reported in: AIR1986HP9

H.S. Thakur, J. 1. This is a defendant's Letters Patent Appeal against the judgment of the learned single Judge, dated May 19, 1975. Kariloo and Ragha were real brothers. Ragha had a son Chintu who was the last male owner of the land in dispute. He, however, died on June 21, 1961, leaving defendant Smt. Durgi as his natural heir. Smt. Durgi set up her claim as the sole heir of Chintu. On the other hand, the plaintiff claimed that he was entitled to the estate of Chintu on the basis of a will alleged by him to have been executed by Chintu in his favour. It may be pointed out that the plaintiffs grandfather Kariloo and Chintu's father Ragha were real brothers and, as such, the plaintiff and the defendant stood in a sense in the relationship of cousin brother and sister. The elders of the village intervened and a settlement was arrived at between the parties under which the plaintiff was entitled to a one-third share and the defendant to the remaining two-third share in the land in disput...