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1990 Supreme(Del) 91

D.P.WADHWA
SAVITRI DEVI – Appellant
Versus
SHANTI DEVI – Respondent


Advocates Appeared:
Dipak Kumar, K.R.Gupta, S.K.TANEJA, Suresh Gupta

D. P. Wadhwa, J.

( 1 ) THIS application under Order 1, Rule 10 and Section 151 of the Cade of Civil Procedure has been filed in the suit for declaration pending since 1982. The plaintiffs in the suit are three in number. The plaintiffs seek a declaration that release deed dated 15th May, 1968, executed by late Shri Charan Kumar in favour of his mother, the defendant, is invalid and that the plaintiffs have shares in the property subject matter of the release deed. The first plaintiff is the wife of deceased Shri Charan Kumar and plaintiffs 2-3 arc respectively the son and daughter of late Shri Charan Kumar, both these plaintiffs being minor. It is stated that the property was an ancestral property in the hands of Shri Charan Kumar and could not be subject matter of any release deed. The first plaintiff claims. to be owner of l/8th share of the property and plaintiffs 2 and 3 respectively 5/8th and l/8th thereof. Various issues were framed in the suit and one of the issues being whether the suit property was ancestral as alleged by the plaintiffs and further whether the release deed executed by Shri Charan Kumar in favour of his mother, the defendant, was void and if so what would b


















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