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2012 Supreme(HP) 174

V.K.AHUJA
Jaitri Devi – Appellant
Versus
Gulabi Devi – Respondent


Advocates:
For the appellants:Mr.Vinay Thakur, Advocate.
For the respondent:Mr.Dilip Sharma, Senior Advocate, with Mr.Manish Sharma, Advocate.

JUDGMENT

Justice V.K. Ahuja, J. (oral): This is a regular second appeal filed by the appellants under section 100 C.P.C against the judgment and decree, dated 12.1.2011, passed by the learned Additional District Judge, Fast Track Court, Chamba, vide which he dismissed the appeal filed by the appellants and upheld the judgment and decree of the Court of learned Civil Judge (Senior Division), Chamba, dated 12.4.2010.

2. Briefly stated, the facts of the case are that the respondent, hereinafter also referred to as plaintiff, filed a as against the appellants, hereinafter referred to as the defendants. The case set up by the plaintiff was that she is legally wedded wife of late Shri Kishan Lal, who retired as Deputy Ranger from the Forest Department. It was alleged that out of this wedlock, the deceased had four sons and one daughter, namely, Kartar Chand, Ravinder, Narender, Rajinder and Sarita. It was pleaded that the defendant No.1 was never married to deceased Kishan Lal and defendants No.2 to 4 were not born out of the said marriage relationship in between them and as such they were alleged be to not the legal heirs to the property and pensionary benefits of the deceased Kishan Lal









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