SANJEEV NARULA
Usha Jain – Appellant
Versus
Snehalata Kumudini Barnabas – Respondent
SANJEEV NARULA, J.
1. This judgment shall dispose of the consolidated suit [CS(OS) 2186 of CS(OS) 2186/2011 & TEST.CAS. 45/2012 Page 2 of 43 2011] and the testamentary case [Test Case No. 45 of 2012], wherein common evidence was led by the parties on interconnected issues arising from interrelated facts.
BRIEF FACTS
CS(OS) 2186/2011
[Plaintiff's case]
2. Smt. Usha Jain, Devna Dutt and Bhawna Jain, wife and two daughters of Late Satendra Jain, respectively, have instituted the present suit claiming that they constitute a Hindu Undivided Family (HUF). Plaintiff No. 1 (Mrs. Usha Jain) states that she is presently the karta of the family after the death of her husband-Satendra Jain. In the plaint, it is averred that Late Satendra Jain did not have any other children except Plaintiff Nos. 2 and 3. Plaintiff No. 1 and Late Satendra Jain were married on 26th May 1959. Plaintiff No. 2 was born on 11th November 1961 and Plaintiff No. 3 was born on 13th October 1964.
3. Late Satendra Jain as karta of the HUF acquired three immovable properties during his lifetime. Reliefs are claimed in respect of Agricultural Land admeasuring 4 Bighas and 16 Biswas in Khasra Nos. 547 min. (3-12), 549 (1
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