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2008 Supreme(P&H) 642

VIJENDER JAIN, KANWALJIT SINGH AHLUWALIA
Som Parkash – Appellant
Versus
Karam Dass Through His L. Rs. – Respondent


Judgment

Vijender Jain, J.

1. Present Letters Patent Appeal has been filed by the appellant aggrieved against judgment dated 3.5.1985 of learned Single Judge passed in Regular First Appeal No. 1123 of 1976.

2. One Ganesha Dass had two sons Maya Dass and Devi Dass. Maya Dass renounced the world and became chela of one Narain Dass. However, he was owner of his ancestral land about 77 kanals in village Banga, 44 kanals 6 marlas of land in village Kajla and was muafidar of land measuring 42 kanals & 2 marlas at village Balla. Maya Dasss brother Devi Dass had five children, namely Charan Dass, Karam Dass, Biram Dass, Som Parkash and Gurbachan Dass. Maya Dass was issueless and during fag end of his life, it is stated that he adopted his brothers son Som Parkash as his chela.

3. The present dispute is between brothers who are nephews of Maya Dass regarding his estate.

4. It is stated in the suit that when Maya Dass intended to take Som Parkash as his disciple, this was disputed by other brothers of Som Parkash. In order to pacify, Maya Dass agreed to gift 60 kanals of land in village Banga in equal share to Karam Dass, Biram Dass, and Gurbachan Dass, brothers of Som Parkash and 40 kanals o































































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