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1993 Supreme(HP) 110

KAMLESH SHARMA
PARMA NAND – Appellant
Versus
SUDAMA RAM – Respondent


Advocates Appeared:
Bhupinder Gupta, for Appellant; Chhabil Dass, for Respondent No. 1.

JUDGMENT

1. The dispute between the parties is in respect of the following properties :- (a) Ghair Mumkin Gharat located in Khasra No. 182 measuring 1 Biswa situated in village Sujala. (b) Land measuring 6 Bighas 8 Biswas comprised in Khasra Nos. 186 to 190 and 192 situate in village Behali. (c) Land measuring 13 Bighas comprised in Khasra Nos. 20, 21, 39 and 41 situated in village Sujala, Teh. Arki.

2. Admittedly, the properties in dispute were purchased in the individual name of respondent-defendant No. 1 Sudama Ram and are also recorded as such in the revenue record. The claim of the appellant-plaintiff is that the properties in dispute were purchased with the funds of Joint Hindu Family constituted of him, Sudama Ram and pro forma respondent-defendant No. 2 Chaudhary Ram, who are real brothers. Sudama Ram has disputed this claim and asserted that the properties in dispute are his individual properties purchased from his separate income.

3. Both the Courts below have though held that the properties in dispute were purchased at the time when all the three brothers, Parma Nand, Sudama Ram and Chaudhary Ram, were constituting a Joint Hindu Family and that there were lands of Joint Hin







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