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2019 Supreme(SC) 2289

INDU MALHOTRA, SANJIV KHANNA
Trijugi Narain (dead) Through Legal Representatives – Appellant
Versus
Sankoo (dead) Through Legal Representatives – Respondent


Advocates Appeared:
Mr. Abhisth Kumar, Advocate for the Appellant; Mr. Abhishek Chaudhary, Advocate for the Respondent

JUDGMENT

Sanjiv Khanna, J. - These civil appeals arise out of common judgment and decree dated 12th September 2008 passed by the High Court of Judicature at Allahabad in Second Appeal No. 1930 of 1983 {Chandra Nath Kala (D) through L.Rs. v. Trijugi Narain (D) through L.Rs. and Ors.} and Second Appeal No. 2017 of 1983 {Sankoo and Anr. v. Trijugi Narain (D) through L.Rs. and Ors.}.

2. The issue raised in the present appeals relates to the nature of the property, that is, whether the perpetual leasehold rights in plot No. 16 (Old Plot No. 9), Chaukhandi Kydganj, Allahabad-Nazul Plot ('the property' for short) was coparcenary joint Hindu family property or being a part of impartible estate of the State of Maihar, was clothed with the incidence of self-acquired and separate property.

3. In order to decide the controversy, we would record the facts in brief.

    (a) One Bachchu Lonia had acquired the property by means of perpetual lease deed dated 12th September 1873 executed by the Government. After the death of Bachchu Lonia, his son Ram Bharose by means of a registered sale deed dated 12th August 1896 had transferred the perpetual lease rights to Raghubir Singh, the then Maharaja of the S

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