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1980 Supreme(P&H) 167

I.S.TIWANA
Sita Ram – Appellant
Versus
R. D. Gupta – Respondent


JudgmentJudgment

1. Ramji Lal father of the parties, who died in the year 1965 owned and possessed the following properties in Ferozepur City :

(i) Shop No. 96-A in Bazar No. 1.

(ii) Shop No. 166 in Bazar No. 3.

(iii) House No. 162/9.

It may be mentioned here that this last mentioned property i. e. House No. 162/9 was sold by Ramji Lal during his lifetime.

2 R.D. Gupta, plaintiff son of Ramji Lal filed a suit for partition of the properties mentioned at Nos. (i) and (ii) above, against his two brothers namely Amin Chand and Sita Ram and their sister Smt. Naraini Devi, claiming 1/4th share in the said properties. As Smt. Naraini Devi, in her written statement disclaimed any interest in the inheritance to her father and stated that she had nothing to do with any of these properties and the properties may be divided amongst her brothers i. e. the plaintiff and the two defendants, in accordance with the will of deceased Ramji Lal, the plaintiff sought an amendment in his plaint to raise his claim to 1/3rd share instead of 1/4th share in the properties in suit. As a result of the permission having been granted to amend the plaint, he filed the present suit for partition claiming 1/3rd sh
























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