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1977 Supreme(Del) 69

P.S.SAFEER, PRAKASH NARAIN
BHARAT SINGH – Appellant
Versus
SHEO PARSHAD GIANI RAM – Respondent


Advocates Appeared:
G.N.AGGARWAL, GIANI RAM, J.R.Goel, S.N.CHOPRA

PRAKASH NARAIN

( 1 ) THIS judgment will dispose of R. F. A. 28-D of 1965 and Civil Revision No. 111-D of 1964, both filed by one Bharat Singh.

( 2 ) R. F. A. 28-D of 1965 is directed against the judgment and decree of a Sub Judge 1st Class, Delhi, dismissiag the appellant s suit only on the ground that it was barred by limitation.

( 3 ) THIS suit was filed by the appellant against five defendants for a declaration that shops Nos. 32,45 and 46 situate at Narela mandi in the Union Territory of Delhi belonged to him and his brother Kirpa Ram (defendant No. 5) and that the sale of the said three shops in execution of a decree dated March 18, 1950 passed by the court of Shri Parshotam Sarup, Sub Judge 1st Class, Delhi, was null and void and did not confer any rights on defendants 3 and 4, the auction-purchasers.

( 4 ) ACCORDING to the appellant he, Kirpa Ram, (defendent No- 5) and Maha Chand are the sons of one Ram Narain. Mst. Bhagirathi (defendant No. 2) is the widow of the said Maha Chand. The appellant and Kirpa Ram constituted a joint Hindu family after the death of their father Ram Narain and Mst. Bhagirathi lived with them but was not a member of the coparcenery. It was alleged th






































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