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2014 Supreme(HP) 990

SURESHWAR THAKUR
Swaran Kanta – Appellant
Versus
Yoginder Singh – Respondent


Advocates Appeared:
For the Appellants :Mr.N.S.Chandel, Advocate.
For the Respondent:Mr. Anand Sharma, Advocate for respondents No.1 to 7.

JUDGMENT : -

Sureshwar Thakur, J.

The plaintiff’s suit for declaration qua the suit property for taking the character of ancestral and coparcenary property, hence, forbidding the deceased/testator Amar Singh, father of the parties at contest, executing a Will Ex.D-2, came to be decreed by the learned trial Court. The defendants were aggrieved by the judgment and decree of the learned trial Court, hence, preferred an appeal before the learned first Appellate court and the learned first Appellant Court, in, its impugned judgment and decree, dismissed the suit of the plaintiff, consequently, allowed the appeal preferred by the defendants before it. The plaintiff, is, now aggrieved by the impugned judgment and decree of the learned first Appellate Court, hence, has preferred the instant appeal before this Court.

2. Brief facts of the case are that the land comprised in Khata Kahatauni No.305/389, Khasra Nos. 4102, 4189, 5320, 5321 measuring 312/396, khasra No.4185 to the extent of half share measuring 10 sq. yards, 2 sq. feet situated in Mohalla Bangotu, Chamba town and land bearing Khata Khatauni No. 1/1, Khasra Nos. 261, 262, 264, 294, 781, 783, 814, 815, 842, 851, 875, 877, 923, 935,





























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