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1996 Supreme(P&H) 1323

N.K.KAPOOR
Mohan Sarup Singh (Deceased) – Appellant
Versus
Rajeshwar Sarup – Respondent


Judgment

N.K.Kapoor, J.

1. Plaintiff feeling dissatisfied with the judgment and decree of the lower appellate Court have filed this regular second appeal.

2. Plaintiffs filed a suit for separate possession by partition of the property as detailed in the head note of the plaint. According to the plaintiffs their father Anand Sarup Singh had two wives, namely Smt. Bhagwanti and Smt. Kamla Devi. From Bhagwanti he was blessed with Rajeshwar Sarup Singh and Smt. Amrit Kaur, sons and Daughter respectively-defendant 1 and 2. From his wife Kamla Devi he was blessed with the plaintiffs, namely, Mohan Sarup Singh, Bibi Harbans Kaur and Surjit Kaur. Present controversy revolves around as to whether the properties left by the deceased are to be distributed as per his last will or that the parties succeed as per provisions of Hindu Succession Act.

3. It is the case of the plaintiffs that Shri Anand Sarup Singh possessed sufficient movable and immovable property, jewellery etc., which in fact he inherited from the grand father of the plaintiffs and defendants 1 and 2. According to the plaintiffs there was sufficient nucleus left behind by Shri Ram Singh (grand father of the plaintiffs and the con









































































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