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1998 Supreme(HP) 155

LOKESHWAR SINGH PANTA, D.RAJU
VIDYA DEVI – Appellant
Versus
NEERAJ KUMAR – Respondent


Advocates Appeared:
F.A.O. No. 80 of 1994 along with Cross : objections No, 265 : A/94:Mr K.D. Sood Advocate, for the Appellant. Ms. Devyani Sharma, Advocate, for the Respondent No. 1. Mr. Tara Singh Chauhan, Advocate, for the cross: objector F.A.O. No. 144 of 1994:Mr. K.D. Sood, Advocate, for the Appellant. Mr. Tara Singh Chauhan, Advocate, for the Respondents No. 1 and 3.

JUDGMENT

D. RAJU, C.J.—The above two appeals have to be dealt with in common since not only they arise out of a common order passed by the learned District Judge, Mandi, Kullu and Lahaul & Spiti Districts on 7.2.1994 in Succession case No. 1 of 1991, but the learned Counsel appearing also have made common submissions subject to certain variations pertaining to the additional issues involved in FAO No. 144/94. The skeletal factual details necessary for appreciating the claims of the contesting parties are as follows:

2. One late Shri Gulab Chand, son of Shri Dassu Ram said to be the sole proprietor of a concern carrying on business under the name and style of M/s. Dassu Ram Brij Lai Mahajan? in his individual capacity was said to have died on 15.7.1990 leaving behind his admittedly first wife Smt. Vidya Devi. He was also stated to have executed a registered Will dated 6.10.1989, He also was claimed to have contracted a second marriage with Pawna Devi and since he had no issues inspite of the first wife as also the alleged second wife, it is claimed that he adopted Niraj Kumar, who was aged about 6 months at the time of such adoption. In the Will said to have been executed by the dece











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