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1995 Supreme(SC) 638

K.RAMASWAMY, B.L.HANSARIA
Vijay Pal Singh – Appellant
Versus
Deputy Director Of Consolidation – Respondent


Advocates:
B.D.SHARMA, BINA MADHAVAN, E.R.Kumar, P.H.Parekh

(1) DELAY condoned. Substitution allowed in CAs Nos. 993 of 1979 and 2506 of 1978.

(2) COMMON question of law arises for decision in these matters. They are disposed of altogether.

(3) KHATA Nos. 26, 83 and III in Dhanauli Village in Meerut District of Uttar Pradesh originally belonged to Devia, who had three sons, namely, Naiadar Singh, Bhanwar Singh and Kunwar Singh. Naiadar Singh died in 1916, Bhanwar Singh died in 1910 leaving behind his widow Shiv Devi. Kunwar Singh died on 6/12/1912 leaving behind him Ram Phool Singh, Richhpal Singh, Nanain Singh and Sohan Singh, the appellants in CA No. 2506 of 1978. Shiv Devi died on 8/9/1956 leaving behind her daughter Champi Devi. The appellants in CAs Nos. 991-993 of 1979 are son-in-law of Champi and Rajendra Pal Singh, grandson of Champi. In the consolidation proceedings, a dispute had arisen whether Champi was entitled to l/3rd share in the property left by Devia and inherited by his three sons referred to hereinbefore. The mutation entries in the revenue records disclose that the three brothers were in separate possession and enjoyment during their lifetime. On their demise, the names of the widows of Naiadar Sin





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