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1971 Supreme(Del) 200

PRAKASH NARAIN
SURYA KANT CHUNILAL – Appellant
Versus
MAHESH CHAND – Respondent


Advocates Appeared:
ARUN MOHAN, B.R.SABHARWAL, C.V.FRANCIS, G.N.AGGARWAL, H.R.SAWHNEY, R.M.LAL

( 1 ) THE plaintiffs in this case are sons of Chuni Lal, defendant No. 5. They have filed a suit for declaration and injunction in which they seek a declaration that two bungalows in Civil Lines, Delhi bearing Nos. 23 and 25 at Rajpur Road belong to and are the property of the joint Hindu Family comprising of the plaintiffs and defendants No. 5 and that defendants Nos. 1 to 4 be restrained by means of a permanent Injunction from interfering with the peaceful enjoyment of these two properties by the plaintiffs and defendant No. 5. The circumstances which have led to the filing of the suit. briefly stated, are that one Seth Beni Pershad, the grandfather of plaintiffs, is claimed to have constituted a joint Hindu Family with his sons and grandsons which family was the owner of various properties as well as a running business. Seth Beni Pershad died in December, 1948 and thereafter the joint family was constituted by Chuni Lal, defendant No. 5 and his three sons, the plaintiffs, as well as Mahaveer Prasad, defendant No. 3, who was a minor in 1948. In 1953, it is alleged, defendants Nos. 3 and 5 separated and put an end to their joint Hindu Family and became co-owners of the erstwhile j














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