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1952 Supreme(HP) 3

CHOWDHRY
Mt. Krishni – Appellant
Versus
Gannun – Respondent


Advocates:
Harish Chandar, for Appellant; Balmukand for Respondent.

JUDGMENT :- This is a second appeal by Mst. Krishni, the plaintiff-respondent Gannun being her deceased husband Tulsis brother. Tulsi had predeceased his father Kakhu. Kakhu died in 1994 B and on 26-1-1995 the landed property which had stood recorded in his name was mutated half in the name of Gannun and half in that of Mst. Krishni. On the basis of this record Mst. Krishni applied to the revenue officer in 2004 for partition of her moiety share. This application was resisted by Gannun and, on being so directed by the revenue officer, he filed the present suit against Mst. Krishni on 22-7-2004 for a declaration that the defendant had no right, title or interest in the moiety share which stood recorded in her name and that the plaintiff was entitled to the correction of the revenue records by removal of the defendants name and substitution of his own.

2. The plaint allegations were that the parties were governed by the Hindu Law; that Tulsi died as a member of a joint Hindu family consisting of himself and his father Kakhu and brother Gannun (the plaintiff); that the defendant became unchaste after her husbands death; that on the death of Kakhu the entire family property had devolve




























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