1976 Supreme(HP) 26
D.B.LAL, C.R.THAKUR
LILA WATI – Appellant
Versus
PARAS RAM – Respondent
Advocates Appeared:
Chhabil Dass and D.P. Sud, for Appellants R.N. Malhotra, H.K. Bharadwaj and Mrs. Pratima Malhotra, for Respondents.
JUDGEMENT C. R. Thakur, J.:- This appeal has arisen out of a suit brought by Smt. Lila Wati widow of Duni Chand and her sons and daughters against Paras Ram and his sons for possession of the lower flat of house situate in Chowk Bazar, Solan, and for recovery of Rs. 900/- on account of use and occupation and future mesne profits. In order to appreciate the facts of the case it will be better to give the pedigree-table of the parties and which is as under: Till 1937 according to the plaintiffs the three brothers, Sawan Ram, Munshi Ram and Paras Ram constituted a joint Hindu family and in that year a partition was effected between these three brothers and a mutation to that effect was attested on 6-6-1937. According to this partition the land in khasra Nos. 320 and 325 including the property situated thereon fell to the share of Munshi Ram and the same day, Munshi Ram gifted that property to his son, Duni Chand, who entered into possession of the same. It is averred that after this gift Duni Chand purchased Khasra No. 326/1 from one Kishori Lal by a registered deed, dated 24-10-1944. This land was said to be contiguous to the land acquired by him under a gift from his father. It is p
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