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2003 Supreme(P&H) 387

HEMANT GUPTA
Bhagwanti Devi – Appellant
Versus
Mat Ram (Dead) Through L. Rs. – Respondent


Judgment

Hemant Gupta, J.

1. This is plaintiffs appeal against the judgment and decree passed by the courts below dismissing their suit for declaration to the effect that Puran Chand plaintiff is the owner in possession of 1/4th share in the land measuring 6 kanals 11 marlas comprising in Khasra No. 1075 situated in the area of Hansi.

2. Brief facts out of which the present appeal arises are that one firm Nanu Ram Mat Ram was a lessee of land comprising in Khasra Nos. 9719 and 9721 new Nos. 1975 and 1077 since 7.3.1946. Partners of the said firm were Nanu Ram and Paras Ram sons of Ghashi Ram as members of Bindaban Mamraj Mal HUF as also Sangat Singh son of Ganga Ram, Mat son of Mamraj Singh and Puran Chand son of Sarup Singh was members of firm HUF Mamraj Sarup Singh. Said firm had a cotton ginning factory which was on plot Nos. 1075 as well as 1077 bearing of old khasra No. 9719 and 97821. The firm consisting of partners Paras Ram, Puran Chand and Mam Raj purchased land comprising in Khasra No. 1077 vide registered sale deed dated 23.2.1966 in the sum of Rs. 25,000/- whereas owners of Khasra No. 1075 were Muslims who migrated to Pakistan after partition. Khasra No,1075 was taken on

























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