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2008 Supreme(Del) 204

PRADEEP NANDRAJOG
Mukesh – Appellant
Versus
Bharat Singh – Respondent


Advocates appeared
Mr.Ruchir Batra, Advocate
Mr.I.S.Dahiya, Advocate

Judgment

PRADEEP NANDRAJOG, J.

1. Appellants had filed a suit for partition and injunction alleging that they were the daughters of late Shri Khem Chand. They impleaded their 3 brothers and their sister as defendants 1, 2, 3 and 4 respectively. It was stated in the plaint that the suit land measuring 4.5 kila in Khata No.88/54 in the revenue estate of Village Mundla Khurd, Tehsil Najafgadh, Delhi was owned by their father and on his death the sons and the daughters each acquired 1/6th share in the suit land. On said basis, alleging that no partition had been effected, partition was prayed for.

2. In the written statement filed by the defendants 1, 2 and 3 i.e. the brothers, it was stated that Khem Chand expired on 10.6.1993 and as per the Delhi Land Reforms Act, 1954 succession to the holding being governed under Section 50 thereof, as sons, they alone were entitled to succeed to the holding since their sisters were married. Thus, entitlement of the plaintiffs was denied. It was stated that on death of the father the suit lands were mutated in the names of the 3 sons. It was alleged that the mutation entry had attained finality. Lastly, it was urged that right, if any, was to seek p




















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