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2009 Supreme(SC) 285

S.B.SINHA, MUKUNDAKAM SHARMA
Tilak Raj – Appellant
Versus
Baikunthi Devi (D) by LRs. – Respondent


Advocates appeared:
For the Appellant :Rakesh K. Khanna, Sr. Adv., Reetesh Singh, Ms. Jahanvi Wuzah, Ms. Shailza Sinha, Surya Kant, Advocates.
For the Respondents:M.L. Varma, Sr. Adv., S.M. Sarin, P.N. Puri, Satya Mitra, Advocates.

JUDGMENT

Dr. Mukundakam Sharma, J.—

1. Leave granted.

2. Being aggrieved by the Judgments and Orders passed by the High Court of Punjab & Haryana at Chandigarh in Review Application No. 69-C/2006 dated 28.2.2007 and RSA No. 2315/83 dated 18.8.2006, the present appeals were filed by the appellant. Since both these appeals involve similar questions of law and facts, we propose to dispose of both these appeals by this common judgment and order.

3. The relevant facts for disposal of the controversy are as under:

One Thakru, the common ancestor of the parties, had wife Smt. Radhi and two sons, namely, Mange Ram and Datta Ram. Datta Ram was married to Smt. Baikunthi Devi, the respondent No. 1 (since deceased). Mange Ram was the father of Tilak Raj - the appellant in both the appeals. The property in suit was owned by and was in the possession of Datta Ram, who died on 23.02.1968, leaving his wife Smt. Baikunthi Devi and his mother Smt. Radhi as natural and legal heirs. Smt. Radhi died on 13.09.1968 and before her death, she executed a registered Will dated 30.04.1968 in favour of her grandson - Tilak Raj, the appellant herein. However, the land left by Datta Ram was mutated in favour of































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