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2024 Supreme(HP) 128

VIRENDER SINGH
Manjeet Kaur – Appellant
Versus
Devinder Singh – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff :Mr. Atul G. Sood, Advocate.
For the Defendant :Mr. N.K. Thakur, Senior Advocate, with Mr Divya Raj Singh, Advocate, Mr. Piyush Agnihotri, Advocate, vice Mr. Dheeraj K. Vashisht, Advocate,

JUDGMENT :

Virender Singh, J.

Defendants No. 1 and 2 have filed the present application, under Order VII Rule 11 of the Code of Civil Procedure (hereinafter referred to as ‘CPC’), with a prayer to reject the plaint.

2. The application has been moved in the above titled suit, filed by the plaintiffs, under the provisions of Section 22 of the Hindu Succession Act (hereinafter referred to as ‘the Act’), for preemption of share of the plaintiffs over the suit property/land, by declaring that the plaintiffs have a preferential right, as against defendants No. 1 and 2.

3. The suit has been filed on the ground that the plaintiffs have asserted that they are co-owners and co-sharers in possession of the land, comprised in khata khatauni No. 85/144, bearing khasra No. 3, total measuring 01-22-02 hectares, situated at Muhal Bhatanwali, Tehsil Paonta Sahib, District Sirmaur, H.P., as per the jamabandi for the years 2015-16. The suit land is stated to be joint in nature and no partition, according to the plaintiffs, has taken place between the plaintiffs and the other co-sharers, till date.

4. The suit property is stated to be an ancestral property, wherein, the plaintiffs also have coparcenary rig

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