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1970 Supreme(Del) 65

P.N.KHANNA
Gopal Narain – Appellant
Versus
Durga Prasad Goenka – Respondent


Advocates:
O.P. Gupta, for Plaintiffs; Bishamber Dayal, for Defendants.

Judgement

JUDGMENT :- Seth Dina Nath Goenka, the propositus, grandfather of plaintiff No. 1 in this case, died somewhere in or about the year 1907, leaving behind him, his widow. Smt. Sukh Devi, who is defendant No. 8 in this case, and three sons, Sat Narain, Ganga Dhar and Durga Prasad, defendant No. 1. He left considerable properties, both movable and immoveable, which were coparcenery properties, wherein his sons had acquired interest by birth. Son, Sat Narain died on March 13, 1966 leaving behind him, his son Gopal Narain, plaintiff No. 1, and grandson Brij Narain, plaintiff No. 2, minor son of Gopal Narain, both forming one branch of the family. Son Durga Prasad is defendant No. 1, who along with his son Shri Narain, defendant No. 2, and grandsons, defendants Nos. 3, 4 and 5 from another branch, which for convenience of reference is described herein as 'defendants first party'. Son, Ganga Dhar had died earlier in 1942, leaving behind him his sons. Suraj Narain, defendant No. 6, and Rajinder Kumar who had also died in 1946, leaving his widow, Rama Bai, defendant No. 7, both defendants Nos. 6 and 7 are jointly referred to herein as 'defendants second party', being the third branc

























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