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2009 Supreme(HP) 317

DEEPAK GUPTA, V.K.AHUJA
Vijay Devi – Appellant
Versus
Navendra Singh Katoch – Respondent


Advocates:
For the Appellant :- Mr. K.D. Sood, Advocate.
For the Respondents:- Mr. Bhupinder Gupta, Senior advocate with Mr. Anand Sharma, Advocate.

JUDGMENT

(Deepak Gupta, J.) - The present appeal and cross-objections are directed against the judgment and decree dated 4.10.2002 delivered by a learned Single Judge of this Court in Civil Suit No. 14 of 1996 titled Navendra Singh Katoch v. Vijay Devi and another.

2. Maharaja Ranvijay Singh s/o late Bir Bikram Singh was the original owner of the property in dispute. He expired on 4.7.1955 leaving behind a widow Smt. Kalindi Devi and two daughters Smt. Maya Devi (defendant No. 2) and Smt. Swaroop Kumari. The plaintiff Navendra Singh is the son of defendant No. 2. Smt. Kalindi Devi died on 21.2.1973 while her daughter Smt. Swaroop Kumari died issueless on 25.2.1990. The plaintiff filed the suit in the High Court claiming that Maharaja Ranvijay Singh had executed a Will dated 21.2.1949. As per this Will he had given certain rights in his estate to his widow, which rights were to devolve upon his two daughters, Smt. Maya Devi and Smt. Swaroop Kumari, after the death of his widow. According to the plaintiff, after the death of the two daughters the entire estate was to devolve on the eldest male child of such daughters and since the plaintiff is the only male child in the family



















































































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