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2017 Supreme(HP) 1327

SURESHWAR THAKUR
Lachhman – Appellant
Versus
Keshav – Respondent


Advocates Appeared:
Mr. Manohar Lal Sharma, Advocate, for the Appellant; Mr. G.D. Verma, Senior Advocte with Mr. B.C. Verma, Advocate, for the Respondents

JUDGMENT

Sureshwar Thakur, J. - The plaintiff''s suit for rendition of a declaratory decree in respect of his being entitled for being declared to be exclusive owner of the suit property or in the alternative his being declared to be in exclusive possession thereof, stood, under concurrent pronouncements recorded thereon by both the learned Courts below, hence, dismissed.

2. Briefly stated the facts of the case are that the plaintiff is owner in possession of the suit land, which he had inherited from his father Sh. Kirpa Ram, who died in the year 1962, leaving behind the plaintiff as sole legal heir. It is claimed that Smt. Roshani Devi, defendant No.3 was legally wedded wife of late Sh. Jaunsar, who was the real brother of his father Kirpa Ram. Consequently, the defendants, who are son, daughter and widow of his uncle Jaunsar, have no right, title or interest in the suit property, which was owned by his father kirpa Ram. It is averred that Roshni Devi-defendant No.3, from the loin of her husband Jaunsar, gave birth to three daughters, namely, Manglan Devi, Maya and Bheema and two sons Keshav and Narinder, who all except Keshav, Manglan Devi and Narinder, jointly inherited the prop

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