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2019 Supreme(Chh) 256

SANJAY K.AGRAWAL
SUDDU RAM – Appellant
Versus
KAMLESH KUMAR – Respondent


Advocates:
Advocate Appeared:
Vishnu Koshta, Adv., Shobhit Koshta, Adv., Rajkumar Pali, Adv., Meha Kumar, Adv., Ratan Pusty, Adv.

JUDGMENT :

SANJAY K. AGRAWAL, J.

1. This plaintiff's second appeal was admitted for hearing on the following substantial questions of law: -

"1. Whether the 1st appellate court was justified in reversing the finding of the trial court holding that the appellant/plaintiff is not the legal son of Ghasiram?

2. Whether the 1st appellate court was justified in holding that the appellant/plaintiff would not have any right in the property of his father Ghasiram as per provisions of Hindu Succession Act in spite of the fact that the appellant/plaintiff was the son of the 2nd wife of the appellant?"

(For the sake of convenience, parties would be referred as per their status shown and ranking given in the plaint before the trial Court.)

2. Following genealogical tree would demonstrate the relationship among parties: -

Bendu (Dead)

Ghasi (Dead)

Ghasiya (Dead)

Dulli(Dead)

Ghasnin

(Plaintiff No. 2)

Punaram

Rohidas

(Defendant No. 1)

Suddu

(Plaintiff No. 1)

3. Ghasi had two wives Dulli and Ghasnin. Defendant No.1 is son of Ghasi from his wedlock with first wife Dulli,






































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