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1994 Supreme(HP) 35

D.P.SOOD
KARAM CHAND – Appellant
Versus
KURAM DUTT – Respondent


Advocates Appeared:
For the appellant(s)/petitioner(s)™~Sh, B. K. Sood, Advocate, vice Sh. K. D. Sood, Advocate. For the respondent(s):Sh. Praneet Gupta, Advocate, vice Sh. Bhupinder Gupta, Advocate, for respondent Nos, 1 and 2. Sh. Prem Goel, Advocate, for respondent Nos, 7 to 10.

JUDGMENT

D. P, Sood, J.—In this regular second appeal defendant No. 7 is the appellant. The sole substantial question of law urged before this Court is: "Whether respondents 7 to 10 (legal representatives of late Shri Lai Singh), who are not parties to the suit, had a right to prefer an appeal against the judgment and decree of the trial Court before the District Judge?”

2. In order to appreciate the controversy in question narration of material facts is absolutely essential: "S/Shri Kuram Dutt and Sangat Ram, sons of Shri Kewal Ram, one of the mortgagees out of four brothers, namely, Kewal Ram, Tulsi Ram, Kalu and Karam Singh, purchased one-half share of the suit land with specific numbers to the extent of 9 bighas 15 biswas from one Shri Man Singh. Initially, land belonging to one Smt. Brikmu. She had gifted her entire land including the suit land vide gift deed dated 30-10-1967 in favour of said Man Singh subject to a condition that the donee (Man Singh) would continue to maintain her by paying cash amount of Rs. 35 per month. That gift was revoked by a subsequent decree passed in favour of Smt. Brikmu and against Shri Man Singh aforesaid to the extent of one-half share in the en









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