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1993 Supreme(HP) 186

DEVINDER GUPTA
OM PARKASH – Appellant
Versus
SARVJIT SINGH – Respondent


Advocates Appeared:
For the appellant(s) :Pandit Om Parkash, Advocate. For the respondent(s):Mr. K.D. Sood, Advocate.

JUDGMENT

Devinder Gupta, J.—Both these appeals preferred by the plaintiff arise out of the judgment and decree passed on 15th June, 1984 by District Judge, Kangra at Dharamsala, dismissing the suit of the plaintiff-appellant and partly allowing the appeal of defendant-respondent, thereby modifying the judgment and decree passed by Sub-Judge, Kangra dated 23rd February, 1981.

2. The admitted facts are that one Gauri had two sons Santa and Vishnu. Santu died issueless on 22nd February, 1920. Vishnu had two wives, Godavari and Dharmi Devi Plaintiff Om Parkash is Vishnus son out of Godavari. Respondent Sarvjit Singh is also Vishnus son out of Dharmi Devi. Chandermu was the mother of Vishnu.

3. It is the plaintiff-appellants case that the suit property, namely, the agricultural land, as described in para 1-A of the plaint and houses described in para 1-B of the plaint was a coparcenary joint Hindu family property of the plaintiff, defendant Sarvjit Singh and their father Vishnu, The entire property was ancestral in the hands of Vishnu, who was also the karta and Manager of the Joint Hindu Family. Since the entire property was earlier held by Gauri, who was succeeded by his two sons, Santa















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