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2003 Supreme(P&H) 1038

HEMANT GUPTA
Chalti Devi – Appellant
Versus
Rajinder Kumar – Respondent


Judgment

Hemant Gupta, J.

1. The plaintiffs are in second appeal against the judgment and decree of the Courts below whereby the suit for declaration to the effect that the judgment and decree dated 30.05.1985 passed in civil suit titled Rajinder v. Chalti and all consequent proceedings in pursuance there of are null and void on the rights of the plaintiffs with consequential relief of permanent injunction restraining the defendants from alienating the suit land and interfering in the possession of the plaintiffs.

2. Plaintiff Chalti Devi is the daughter of Nandan s/o Ayodhya Prashad. Ayadhya Prashad had another son Daulat Ram who had two sons Dina Nath and Sham Lal. The defendants are the sons of Dina Nath.

3. On the death of Nandan Ram on 22.5.1973, Smt. Bhalti Devi inherited 1/2 share in the agricultural land measuring 51 Kanals 7 Marias situated in village Kirmach, Tehsil Thanesar, District Kurukshetra. Rajinder Kumar son of Dina Nath and Jai Karan minor through his brother Rajinder Kumar had filed a civil suit No. 554 of 1985 on 25.5.1985 alleging that six months prior to the institution of the suit, Smt. Chalti Devi, plaintiff No. 1, effected a family settlement in the presenc



















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