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2009 Supreme(SC) 647

MUKUNDAKAM SHARMA, S.B.SINHA
Hira Lal – Appellant
Versus
State of U. P. – Respondent


Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Appellants and the respondent No.3 (complainant) are co-sharers. Raghuvansh Tyagi, father of respondent No.3, and Tika Ram Tyagi, father of Smt. Suman Devi were co-khatedars in respect of Khasra No.59 having an area of 2.0920 hectares of land situated in village Bhangel Begampur, PS Phase II, Noida. Father of Respondent No.3 and Suman Devi were having 3/16th share in the aforementioned khasra. According to the complainant, prior to 1997 a mutual agreement was entered into amongst the co-sharers, pursuant whereto, 2000 sq. yds. of lands was allotted for the purpose of residential house to each of the co-sharer. The complainant on his allotted land, allegedly constructed a house and started living there. He also said to have constructed 10 shops. Tika Ram Tyagi is said to have constructed two houses on 600 sq. yards of land and his sons also constructed pucca houses on the remaining 1400 sq. yds. of land in November 2006.

3. Tika Ram Tyagi executed a registered deed of sill on or about 24.2.1997 bequeathing all his moveable and immoveable properties in favour of his grand sons.

Husband of Smt. Suman Devi, Anil Kumar is said to have signe






























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