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1984 Supreme(P&H) 718

J.V.GUPTA
Prithi – Appellant
Versus
Yatinder Kumar – Respondent


Judgment

1. This judgment will dispose of R. S. A. Nos. 1543, 1637 to 1642 and 1660 of 1982 which arise out of eight suits which were consolidated by the trial Court and were disposed of by one judgment.

2. Ganeshi Lal was the common ancestor of the plaintiffs. During his lifetime, vide mutation Exhibit P-1 dt. 12th Dec. 1901, he transferred his property in favour of his only son Kanshi Nath, who died in the year 1902. On the death of Kanshi Nath, his property was mutated in favour of his two sons, namely Hari Kishan Dass and Ram Chand vide mutation Exhibit P-2 Dt. 4th April, 1902. Ram Chand died unmarried. On his death, his estate was mutated in favour of his brother Hari Kishan Dass vide matation Exhibit P-3 dt. 26th Dec. 1902. Hari Kishan Dass died on 1st Feb. 1970. On his death, his estate was mutated in favour of his three sons (plaintiffs) and one daughter Shashi Prabha vide mutation Exhibit P-4 dt. 28th Sept. 1970, in equal shares i.e. 1/4th each. Hari Kishan Dass had property in more than one district and being a big landowner his case for determining the surplus land was tried by the Special Collector, The Special Collector in his order dt. 21st June, 1976 (Exhibit D-2) rel








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