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2009 Supreme(P&H) 1780

SABINA
Surender Kumar Jain – Appellant
Versus
Madhu Gupta – Respondent


Judgment

Sabina, J.

1. Plaintiff Surender Kumar Jain filed a suit for declaration and permanent injunction, which was dismissed by the Civil Judge (Jr. Divn.), Chandigarh vide judgment and decree dated 9.8.2005. In appeal, the said judgment and decree were upheld by the Additional District Judge, Chandigarh vide judgment and decree dated 10.10.2007. Hence, the present appeal.

2. Brief facts of the case, as noticed by the lower appellate Court in para Nos. 2 to 4 of its judgment, are as under:-

"2. Shorn of all details, the facts in brief leading to the present suit are that the appellant-plaintiff sought a declaration that the sale deed dated 19.2.1996, regarding half share of H. No.1293 Sector 22 B, Chandigarh, executed by the respondent- defendant No.2 Jainender Kumar Jain ,brother of the appellant-plaintiff, in favour of the respondent-defendant No.1 is null and avoid and legible to be set aside as he had a preferential right to purchase the half share of his brother under the provision of Section 22 of Hindu Succession Act and that the respondent-defendant No.l is a stranger to the family and as such she is not entitled to the purchase the join property and hence he prayed that












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