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1972 Supreme(P&H) 170

S.S.SANDHAWALIA, M.R.SHARMA
Bhagwan Dass – Appellant
Versus
Bhishan Chand – Respondent


Judgment

M.R.Sharma, J.

1. The following pedigree table will be useful for understanding the facts arising out of this second appeal:-

- JANGIRI LAL ____________________|_____________________ | | Han Rai Brij Lal (defendant No. 2) |___________________________________________|_____________________________________________ | | | | | | | Bhisham Basti Ram Ved Prakash Shivsharan Ram Gopal Mohan Lal Sudh Chand Dass (Def.No.3) Parkash (Def.No.2)

2 I have not indicated to the names of two daughters and wife of Brij Lal, who also joined as plaintiffs in the suit filed before the learned trial Court. It was held that they had no locus standi to bring this suit and this matter was not challenged in this appeal. The facts giving rise to the litigation may briefly be stated as follows.

3. Brij Lal now a respondent and defendant No. 2 before the learned trial Court, mortgaged a house mentioned in the body of the plaint with the appellant for a sum of Rs. 10,000/- vide registered deed dated February 21, 1947. The respondents brought the suit in the learned trial Court on the ground that his house formed part of the coparcenary property and the mortgage effected by Brij Lal, their father, being wit








































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