ARJUN SINGH ALIAS PURAN versus KARTAR SINGH AND OTHERS

ARJUN SINGH ALIAS PURAN versus KARTAR SINGH AND OTHERS

The High Court was correct in holding that additional evidence was improperly admitted at the appellate stage as there was no apparent lacuna or defect in the evidence, and the District Judge's decree based on such evidence cannot stand. Under section 7 of the Punjab Custom (Power to Contest) Act, 1920, alienation of non-ancestral property cannot be contested as contrary to custom, and thus the plaintiff's claim regarding non-ancestral lands fails.

Parties
Appellant: Arjun Singh alias Puran; Respondents: Kartar Singh and Others
Jurisdiction
India
Judgment Date
02 March 1951
Procedural Posture
Civil Appeal / Appeal From High Court's Decision in Regular Second Appeal No. 887 of 1942, Lahore High Court
Outcome
Appeal dismissed
Legal Topics
Admissibility of Additional Evidence on Appeal, Limitations on Contesting Alienation of Property, Punjab Custom (power to Contest) Act, 1920, Section 7
Civil Procedure Customary Law Admissibility of Additional Evidence on Appeal Limitations on Contesting Alienation of Property Punjab Custom (power to Contest) Act, 1920, Section 7

Case Brief

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Parties

Arjun Singh alias Puran

Appellant

Kartar Singh and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court's Decision in Regular Second Appeal No. 887 of 1942, Lahore High Court

Legal Issues

  1. 1 Whether additional evidence was properly admitted at the appellate stage under Order XLI, Rule 27, Civil Procedure Code, 1908
  2. 2 Whether plaintiff entitled to contest will regarding both ancestral and non-ancestral property under customary law and Punjab Act II of 1920

Ratio Decidendi

The High Court was correct in holding that additional evidence was improperly admitted at the appellate stage as there was no apparent lacuna or defect in the evidence, and the District Judge's decree based on such evidence cannot stand. Under section 7 of the Punjab Custom (Power to Contest) Act, 1920, alienation of non-ancestral property cannot be contested as contrary to custom, and thus the plaintiff's claim regarding non-ancestral lands fails.

Court Disposition

Appeal dismissed

Orders

  • Suit dismissed in toto as to both ancestral and non-ancestral property, with costs to respondents in all courts