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2010 Supreme(P&H) 184

SHAM SUNDER
Balbiri Devi – Appellant
Versus
Tejbir Singh – Respondent


Judgment

Sham Sunder, J.

1. This appeal, is directed against the judgment and decree dated 29.08.05, rendered by the Court of Additional District Judge, Karnal, vide which, it accepted the appeal, against the Judgment and decree dated 08.11.02, rendered by the Court of Civil Judge (Junior Division), Karnal, and decreed the suit of the plaintiff.

2. The facts, in brief, are that, Rulia Ram @ Ruhla, was the father of Tejbir Singh, Somwati and Rajesh Kumari, and the husband of Balbiri Devi and Chandrawati. He died on 05.02.82. Tejbir Singh, Plaintiff claimed that, the land, in dispute, measuring 112 kanals, was ancestral joint Hindu Family Property, in the lands of his father Rulia Ram @ Ruhla, and, as such, he (plaintiff) had got equal share, therein, since his birth. It was stated that, after the death of Rulia Ram @ Rulha, the revenue authorities, wrongly entered and sanctioned the mutation No. 2014 dated 23.03.83 of inheritance of the estate of Rulia Ram, to the extent of share each in favour of Tejbir Singh, plaintiff and, Somwati and Rajesh Kumari, defendants Nos. 3 and 4, whereas, the mutation, in respect of the remaining share, was jointly sectioned, in favour of Balbiri Devi a























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