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2009 Supreme(P&H) 250

RAKESH KUMAR GARG
Dyal Singh – Appellant
Versus
Meeko – Respondent


Judgment

Rakesh Kumar Garg, J.

1. This is defendants second appeal challenging the judgment and decrees of the Courts below whereby suit of the plaintiff- respondent for declaration to the effect that she is the co-sharer to the extent of 1/4th share of the share of Smt.Ishar Kaur d/o Hira Singh in the land as detailed in the headnote of the plaint and mutation No. 952 regarding the inheritance of deceased Ishar Kaur sanctioned in the name of defendant is null and void and for joint possession and for permanent injunction restraining the defendant from alienating the suit land to anybody else, has been decreed.

2. As per the averments made in the suit, originally Ishar Kaur d/o Hira Singh r/o village Bhinder, Tehsil Baba Bakala, was owner of the suit land. Ishar Kaur was married at village Cheemabath with Inder Singh. Out of that wedlock the plaintiff and the defendants were born and they are the legal heirs of Ishar Kaur. In her last days of life Ishar Kaur and the defendants were not in good terms with the plaintiff. She used to live with the plaintiff at village Bhinder and died there. She also performed her last ceremonies. It was averred that Ishar Kaur died intestate and plain












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