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2015 Supreme(HP) 244

DHARAM CHAND CHAUDHARY
Asha Devi – Appellant
Versus
Tarsem Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Mr. Sanjeev Kuthiala, Advocate.
For the Respondents:Mr. Subhash Sharma, Advocate & Mr. H.S. Thakur, General Power of Attorney.

JUDGMENT

Dharam Chand Chaudhary, J.

1. Smt. Asha Devi, plaintiff is in second appeal. She is aggrieved by the judgment and decree dated 3rd January, 2004, passed by learned District Judge, Una, in Civil Appeal No. 23 of 2000. As a matter of fact, the present is a case of concurrent findings recorded by both Courts below because while learned Senior Sub Judge, Una has dismissed the suit filed by the plaintiff for the grant of decree of declaration that Will dated 19th November, 1992 Ext.PW-7/A executed by her mother Smt. Prabhi in her favour, being a genuine document, is legal and valid and the order of mutation No. 3973 whereby the land in dispute alongwith her, is to be inherited by Smt. Tarsem Devi, the first defendant, is null and void and not binding on her, learned lower appellate Court while concurring with the judgment and decree so passed by learned trial Court has dismissed the appeal.

2. The subject matter of dispute in the present lis is the property as detailed in the head-note of the plaint, situate in Mauza Kuthar Beet, Tehsil Haroli, District Una.

3. One Smt. Prabhi was owner in possession of the suit property. She died on 15th December, 1993 leaving behind the plaint



























































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