Law:

Section:

JUDGMENT ABDUL HAMID KHAN, J.---- The last male-owner of the immovable property in this case was Karam Khan who bequeathed this property to one Muhammad Yousaf son of Muhammad Hussain, his nephew, by will dated 2nd Phagan sambat year 1991. The plaintiffs, out of whom Mst. Kali is the widow of Karam Khan and the rest his collaterals, brought a suit for possession on the ground that the testator Karam Khan was not competent to alienate the property in this way without the consent of his heirs. Muhammad Yousaf Khan having died, his father Muhammad Hussain Khan and his widow Mansa Begum and his brothers contested the suit on the ground that in the presence of Mst. Kali, the widow of Karam Khan, other plaintiffs, the collaterals of Karam Khan, could not sue for possession of the land and that as the property was the self­-acquired property of Karam Khan, his powers to alienate the same in any shape were not restricted and, therefore, the will being valid, even Mst. Kali could not succeed other pleas too were taken by the defendants but they are not relevant for the purpose of this second appeal. The issues struck in the case and relevant at this stage are as under :- Issue No. 3.-Could Karam Khan will away his whole share ? (O. P. D.) Issue No. 11.-Was not Karam Khan deceased competent to bequeath the land in dispute according to custom ? (O. P. P.) The Sub-Judge Bagh by his order dated the 23rd January 1954, held that the parties were Taizyals and under custom, which governed them, Karam Khan could not alienate the whole of his property without the consent of his heirs by way of will to Muhammad Yousaf Khan. In this he relied on an authority on the point compiled by Lala Makhan Lal in the dogra time and also on the statements of Ghulam Nabi and Muhammad Zaman Khan witnesses who appeared on behalf of the defendants. The sub-judge, therefore, found issues No. 3 and 11 in favour of the plaintiffs. On issue No. 4, have the plaintiffs the locus standi to bring the suit in the presence of Mst. Kali the learned Sub­-Judge held that in presence of Mst. Kali, the other plaintiffs, the collaterals of Karam Khan, could not bring the suit for possession. He, therefore, passed…

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