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2008 Supreme(SC) 615

A.K.MATHUR, AFTAB ALAM
Shakuntala – Appellant
Versus
Lt. Col. Mukhtiar Singh – Respondent


order

1.A sister (plaintiffpetitioner) is in conflict with her brothers (defendantsrespondents) over certain landed properties in Rohtak which, according to her belonged to their father Captain Sardar Singh and which after his demise devolved on his children in equal shares, her own share being one-sixth. The brothers resisted her claim by taking the plea that the suit properties, though acquired in the name of their father, were in reality Joint Hindu Family properties and had come in their exclusive share on the basis of a settlement among the co-parceners comprising the father and the five sons. Their sister had no right or interest in the suit properties. The Trial Court on consideration of a vast volume of evidences recorded all the findings in favour of the defendants and against the plaintiff. In appeal, the First Appellate Court affirmed the findings of the Trial Court. In Second Appeal, the High Court considered the plaintiff’s case and her challenge to the decrees of the Courts below in some detail but came to find and hold that the appeal did not raise any question of law, much less a substantial question of law. The High Court, accordingly, dismissed the second appeal at
















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