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2017 Supreme(Raj) 429

SANJEEV PRAKASH SHARMA
Ranjeet Singh Son of Late. Thakur Jatan Singh – Appellant
Versus
Rajendra Kumari – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. MM Ranjan, Sr. Adv. assisted by Mr. Rohan Agrawal
For the Respondent: Mr. Sudesh Bansal

JUDGMENT :

1. Heard counsel for the plaintiff-appellant and defendant-respondent No.1.

2. Facts as stated by the appellant are that his father Thakur Jatan Singh had one brother Daljit Singh and one sister Rajendra Kumari. Father of all three of them Thakur Berisal Singh Ji owned a Haveli called ‘Tikam Singh Ki Haveli, situated in Jaipur, Rasta Kothi Seth Mani Ramji. Thakur Berisal Singh Ji, father of the parties, used to take rent of this property and owned and possessed the same. After his death, his widow Suraj Kanwar used to take rent who died in 1969. As Thakur Berisal Singh Ji left two sons and a daughter, they jointly owned and possessed the Haveli. Daljit Singh (defendant No.1), being unmarried and younger brother of the plaintiff Jatan Singh, with the consent of the plaintiff, kept tenants in the Haveli and collected rent of this Haveli but did not pay a single penny to the plaintiff who had 1/3 share in the properly. Resultantly, plaintiff Jatan Singh prayed for partition of the property and separate possession over his /13 share in the Haveli and claimed Rs.1800/- per months as mesne-profit.

3. The defendant Daljit Singh denied the allegations of the plaint and pleaded inte
































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