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DELHI HIGH COURT
RAJIV SAHAI ENDLAW
Kamlesh Devi – Appellant
Versus
Shyam Sunder Tyagi – Respondent
IA No. 14219/2017 (for exemption)
1. Exemption allowed subject to just exceptions.
2. Application stands disposed of.
CS(OS) No. 644/2017 & IA No. 14218/2017 (under Order XXXIX Rule 1 & 2 CPC).
3. This is yet another misconceived suit of the category dealt with by this Court in Neelam Vs. Sada Ram, 2013 SCC OnLine Del 384, Naval Kishore Vs. Shri Jugal Kishore, MANU/DE/0978/2013, Bala Devi Vs. Chhotu Ram, 2013 SCC OnLine Del 1159, Rajat Khanna Vs. R.P. Khanna, (2013) 200 DLT 203, Harvinder Singh Chadha Vs. Saran Kaur Chadha, 2014 SCC OnLine Del 3413, Jai Narain Mathur Vs. Jai Prakash Mathur, (2016) 228 DLT 515, Satyawati Vs. Suraj Bhan, 2017 SCC OnLine Del 7961, Sunny (Minor) Vs. Raj Singh, (2015) 225 DLT 211, Surender Kumar Vs. Dhani Ram, (2016) 227 DLT 217, and Sagar Gambhir Vs. Sukhdev Singh Gambhir, (2016) 231 DLT 247.
4. Notwithstanding the aforesaid judgments, a view that a child has a share in the grandfather's property continues to prevail.
5. In the present case, it is a daughter who has sued her father defendant no.1 pleading; i) that her grandfather Sh. Hukam Singh was the proprietor/Bhoomidar of certain agricultural land in Village Rewla Khanpur, Tehsil
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