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1996 Supreme(Raj) 291

M.G.MUKHERJI, V.G.PALSHIKAR
Krishan Lal – Appellant
Versus
Raja Ram – Respondent


Advocates Appeared:
D.R. Bhandari, for Appellants R.N. Bishnoi, for Respodents

Honble MUKHERJI, Actg. C.J. – This special appeal is directed against a judgment and decree dated 12th February, 1987 passed by a learned Single Judge of our Court in S.B. Civil Regular First Appeal No. 86 of 1976 partly allowing the appeal as filed by the plaintiff Raja Ram thereby partly setting aside and modifying the judgment and decree dated 5-5-1976 in Civil Original Case No. 9/72 re-numbe- red as 40 of 1975 as passed by the learned Additional District Judge, Hanumangarh. While the learned trial Judge dismissed the suit as filed by the plaintiff Raja Ram claiming the share in the property of his adoptive father defendant no.4 Pola Ram. Holding the adoption not valid in law, the learned Single Judge not only held the adoption valid but also held that the sale executed by the defendant no.4 Pola Ram in favour of the defendants no.1 Krishan Lal S/o Nathu Ram and no.2 Raja Ram S/o Nathu Ram was null and void as the joint family property was sold without any legal and family necessity. He also declared that the Will executed by the defendant no.4 Pola Ram in favour of the defendant no.3 Nathu Ram S/o Chhoga Ram will not affect the rights of the plaintiff Raja Ram as regards the ha























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