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2019 Supreme(Chh) 1072

SANJAY K.AGRAWAL
SUKHBATI (DIED AND DELETED) – Appellant
Versus
BAJNI BAI – Respondent


Advocates Appeared:
R.N. Jha, Advocate, Parag Kotecha, Advocate, Ravi Bhagat, Advocate

JUDGMENT

Sanjay K Agrawal, J. - This second appeal preferred by the plaintiffs was admitted for hearing on the following substantial question of law :-

    "Whether the lower appellate Court committed an error of law in holding that the suit lands were the joint family property among the 2 brothers namely Mer Singh and Sagruram and thereby reversing the judgment and decree passed by the trial Court ?"

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

2. The following genealogical tree will demonstrate the relation between the parties :-

    The three plaintiffs are wife and sons of Late Mer Singh respectively whereas the three defendants are all daughters of Late Sagru.

3. Plaintiffs brought an action against the defendants for declaration of title and possession stating inter alia that the suit property shown in Schedule 'A' appended with the plaint was exclusively held by their husband/father Mer Singh and after his death, they have been in possession of the suit property and without their knowledge or consent, defendants got their names recorded in the revenue records whereas they have no titl

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