Home Case Index All Cases Customs Customs + HC Customs - 2010 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (9) TMI 180 - PUNJAB AND HARYANA HIGH COURTCondonation of delay - delay of 526 days in refiling the appeal - It is alleged that the appeal was returned with objections repeatedly - It is alleged that Clerk of the counsel put the paper book in some other brief which was fixed for hearing - No sufficient ground for condonation of long delay of 526 days in re-filing the appeal is made out - The application is accordingly dismissed Second appeal - Suit was filed by Karnail Singh and Joginder Singh claiming themselves to be sons of Bishan Singh. Joginder Singh has since died and is represented by Gurmit Kaur-appellant No.2 as his legal representative. Gurmit Kaur is daughter of Karnail Singhplaintiff-appellant No.1. The plaintiffs alleged that suit land measuring 72 kanals 13 marlas was ancestral in the hands of Bishan Singh. The plaintiffs constituted Joint Hindu family with Bishan Singh and, therefore, the plaintiffs acquired 1/3rd share each in the suit land by birth. Bishan Singh executed Will dated 03.05.1960 in favour of his wife Nand Kaur. The plaintiffs filed suit to challenge the said Will under Section 6 of the Punjab Custom (Power to Contest) Act, 1920 (in short, the Custom Act) alleging the suit land to be ancestral property and alleging that Bishan Singh had no right to execute the said Will - appellant contended that in the earlier suit, challenge to the Will was under the Custom Act and not on the basis of Joint Hindu Family Property - Held that: - sale deed has been executed in favour of the defendants on the basis of judgment passed in suit for specific performance of the agreement to sell. The present plaintiffs were party to the said suit. For this reason as well, the plaintiffs cannot succeed in the instant suit - Appeal is dismissed
|