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1991 Supreme(HP) 92

DEVINDER GUPTA
POHLO RAM – Appellant
Versus
MANOHAR LAL – Respondent


Advocates Appeared:
For the appellant(s) :Shri B. K. Sood, Shri K. D, Sood, Advocates. For the respondent(s):Shri K. C. Rana, Advocate.

JUDGMENT

Devinder Gupta. J.-Plaintiffs-appellants have preferred this appeal against the judgment and decree passed on June 15, 1979 by Additional District Judge, Kangra Division at Dharamshala, dismissing their appeal and thereby confirming the judgment and decree passed on May 15, 1978 by Subordinate Judge First Class, Palampur, dismissing their suit.

2. On December 9, 1969, plaintiffs instituted a suit for grant of a decree for declaration to the effect that on the death of their father Durga on October 16, 1969, they had inherited the suit property as owners and were entitled to occupy the same as such. The will alleged to have been executed by Durga bequeathing his entire movable and immovable property in favour of defendants respondents, who were his brothers sons was also challenged on the ground that since the property was ancestral in the hands of Durga, he was not entitled to execute any will without their consent according to the custom prevalent in their community. Due execution of the will by Durga was also denied. It was alleged that on the basis of the will, defendants had acquired no title or interest to the suit property. As a consequential relief, plaintiffs claime











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