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2016 Supreme(HP) 1712

RAJIV SHARMA
Baldev Singh – Appellant
Versus
Surinder Singh – Respondent


Advocates Appeared:
For the Appellant :Mr. Neeraj Gupta, Advocate.
For the Respondent:Mr. Peeyush Verma, Advocate.

JUDGMENT :

Rajiv Sharma, J.

1. This Regular Second Appeal has been instituted against judgment and decree dated 25.4.2007 rendered by the learned Additional District Judge, Fast Track Court, Una, District Una, Himachal Pradesh in Civil Appeal No. 5/98 RBT 179/04/98.

2. “Key facts” necessary for the adjudication of the present appeal are that the respondents-plaintiffs (hereinafter referred to as ‘plaintiffs’ for convenience sake) filed a suit for declaration against the appellant-defendant (herein after referred to as ‘defendant’ for convenience sake). According to the averments made in the plaint, plaintiffs and the defendant are the only legal heirs of deceased Anar Devi alias Ganga Devi widow of Ran Singh son of Ram Saran, resident of village Jalgran Tabba, Tehsil and District Una, in respect of the area of land as detailed in the plaint. After the death of Ran Singh, share of the parties including Anar Devi to the property of Ran Singh was to the following extent:-

(i)

Karam Singh

1/4th share

(ii)

Kartar Singh

1/4th share

(iii)

Baldev Singh

1/4th shar

































































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