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2008 Supreme(HP) 14

RAJIV SHARMA
Madan Lal – Appellant
Versus
Braham Dass alias Brahmu – Respondent


Advocates:
For the Appellants :- Mr. Lalit Kumar Sharma, Advocate.
For the Respondents:- Ms. Devyani Sharma, Advocate.

JUDGMENT

(Rajiv Sharma, J.) - A challenge has been laid by way of this second appeal to the judgment and decree passed by the learned District Judge, Hamirpur dated 1.6.1995 rendered in civil appeal No. 117/1989.

2.The brief facts necessary for the adjudication of this second appeal are that the respondent-plaintiff Braham Dass alias Brahmu had filed a suit against the appellants-defendants No. 1 and 2, i.e. Madan Lal and Roshan Lal and the proforma defendant Sh. Haria for possession under section 22 of the Hindu Succession Act, 1956 with respect to the suit land. It was alleged by the plaintiff Braham Dass that he and defendant Haria are the real brothers and they had inherited the suit land from their father Sh. Bhagtu. Sh. Haria sold his entire share of the suit land in favour of Sh. Madan Lal and Roshan Lal without notice to the plaintiff and without any legal necessity. The plaintiff impressed upon the defendants to accept the sale consideration but they did not agree to the same. The suit property was alleged to be coparcenary property and joint Hindu property inter se Sh. Braham Dass and defendant Sh. Haria. Since the appellants Madan Lal and Roshan Lal refused to re-tran

































































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