Tara Singh vs Raghbir Singh & Ors on 25 May, 2009
The contention of Mr.M.L.Sarin, learned senior counsel
appearing on behalf of the respondents is that the judgment reported in
S.Jhansi Lakshmi Bai and Ors. Vs. Pothana Appa Rao and Ors (supra)
is not applicable to the facts of the present case as in Ex.D.2 it was not
clearly stated that son of Smt.Chinti i.e. Tara Singh would succeed to
property in case Chinti was to die before the testator. The contention raised,
therefore, is that the judgment of Hon'ble Supreme Court is distinguishable.