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1980 Supreme(HP) 2

V.P.GUPTA
GILMO – Appellant
Versus
MUKTI – Respondent


Advocates Appeared:
For appellant :Shri Kedar Ishwar, Advocate. For respondents:Shri Chhabil Dass, Advocate

JUDGMENT

Vyom Prakash Gupta, J.—This appeal has been filed against the judgment and decree of the Additional District Judge, Dharamsala, dated 26th February, 1979, by which the appeal of Smt. Mukti plaintiff has been accepted and she has been granted a decree for joint possession to the extent of i/6th share in the disputed property. The Additional District Judge has set aside the judgment and decree of the Sub Judge 1st Class, Dalhousie, by which the suit of Smt. Mukti had been dismissed on 5th March, 1977.

2. The brief facts of the case are that one Mali, who was the father of the parties and husband of one Smt. Dhelan (now deceased) was the owner of the property mentioned in the plaint. Smt, Mukti one of the daughters of Mali filed a suit claiming that she is entitled to get l/7th share of the property owned by her father Mali because Mali had left behind one widow, Smt. Dhelan, and six daughters including Smt. Mukti plaintiff herself. Smt. Dhelan and the other five daughters were arrayed as defendants in the suit. Smt. Gilmo, the present appellant, contested the suit of the plaintiff and set up a will, dated 25th July, 1959, alleged to have been executed by Mali deceased in her








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