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2018 Supreme(HP) 1395

SURESHWAR THAKUR
Kashmir Singh And Ors – Appellant
Versus
Nirmala Devi (since Deceased) Through Her Legal Heirs – Respondent


Advocates Appeared:
K.D. Sood, Adv., Mukul Sood, Adv., Ajay Kumar, Adv., Dheeraj K Vashishat, Adv.

JUDGMENT

Sureshwar Thakur, J. - The plaintiff, one Kaulan Devi (now deceased), the legally wedded wife of Jamita, instituted a declaratory suit along with consequential relief of injunction, wherein, she claimed the aforesaid relief(s), on the anvil qua, on demise, of, her husband one Jamita, hers being solitarily entitled to inherit her estate. The plaintiff''s suit was dismissed by the learned trial Court, and, therefrom, the aggrieved plaintiff, hence preferred, a, first appeal before the learned First Appellate Court, whereon, the learned First Appellate Court, rendered a verdict hence decreeing the plaintiff''s suit. The defendants/appellants herein being aggrieved therefrom, hence concert to beget its reversal.

2. Briefly stated the facts of the case are that original deceased plaintiff on Kaulan Devi, in her suit, claimed that her husband Shri Jamita Ram and father of defendant No.3 Nirmala Devi, was owner in possession of the suit property, which after death of Jamita was held by her and defendant No.3 in equal shares. She along with defendant No.3 is the only legal heir of Jamita Ram to succeed his property after his death. But defendants No.1 and 2, on the basis of forged

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