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1997 Supreme(HP) 82

A.K.GOEL
DHYAN CHAND – Appellant
Versus
SAVITRI DEVI – Respondent


Advocates Appeared:
Kanwar Kuldip Singh, for Appellant; Ms. Abhilasha Kumari, for Respondents.

JUDGMENT

1. This is plaintiffs second appeal against the judgment and decree passed by Shri P.D. Goel, Additional District Judge-I, Kangra at Dharamsala. By means of impugned judgment and decree passed on 20-4-1996 in Civil Appeal No. 24-N/95 the appeal has been allowed and consequently the judgment and decree passed by the Sub-Judge Ist Class (I), Nurpur, in Civil Suit No. 417 of 1988, dated 16-5-1995 has been reversed by allowing the appeal of defendant No. 1 and consequently the suit of the plaintiff has been dismissed.

2. Material facts of this case are short and are not in dispute. Chhaju Ram was the predecessor-in-interest of the parties to the suit. Smt. Savitri Devi-defendant No. 1 is the widow, whereas Dhyan Chand, plaintiff and defendants Nos. 2 to 4, Rattan Chand, Kuldip Chand and Ashok Kumar are sons and Biaso Devi, Kailasho Devi and Kanta Devi are the daughters of late Shri Chhaju Ram. Deceased-Chhaju Ram, who owned sufficient immovable property in two villages situated in Tikka and Mauza Khasa, as well as Tikka Jhangarada, Mauza Raja Khasa, Tehsil Indora, District Kangra. Plaintiff filed a suit for declaration to the effec that he is in joint ownership and possession in































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