SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2002 Supreme(HP) 1

R.L.KHURANA
SANT KUMAR – Appellant
Versus
ARYA SMAJ, DHARAMSALA – Respondent


Advocates Appeared:
Mr. K.D. Sood, Advocate, for the Appellant; Mr. Bhupender Gupta, Senior Advocate with Mr. Neeraj Gupta, Advocate, for the Respondent Nos. 1 to 5 and 7; Mr. S.D. Vasudeva, Advocate, for the Respondent Nos. 8 and 9.

JUDGMENT

R.L. Khurana, J.—This second appeal has been directed by plaintiff No. .1, Sant Kumar, against the judgment and decree dated 19.5.2000 of the learned District Judge, Kangra at Dharamsala, affirming the judgment and decree dated 27.8.1998 of the learned Sub Judge 1st Class (I), Dharamsala. Plaintiffs No. 2 and 3 have been impleaded as proforma respondents No. 8 and 9 in this appeal. The appellant and respondents No. 8 and 9, are being collectively referred to as the plaintiffs hereinafter.

2. The present appeal stands admitted on 2.11.2000 on the following two substantial questions of law:—

1. Whether there has been mis-reading and mis-construction of oral as well as documentary evidence with regard to the execution of the Will Ex. DW. 4/A?

2. Whether the two Courts below have erred in dismissing the suit of the plaintiffs on account of non-joinder of necessary parties?

3. The dispute between the parties pertains to the estate of one Smt. Leelavati widow of Agya Ram, brother of plaintiffs father Dharam Chand. Such estate consists of immovable and immovable property, specifically detailed in the plaint. By virtue of a Will dated 22.7.1987 (Ex.DW4/A) the above-named Smt. Leelavat








































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top