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2007 Supreme(P&H) 1159

PERMOD KOHLI
Naroti Dass – Appellant
Versus
Phul Kaur – Respondent


Judgment

1. This Regular Second Appeal arises out of the judgment dated 29-3-2007 passed by the Additional District Judge, Karnal in Civil Appeal No. 64 of 2005. Briefly stated the facts as emerged from pleadings of the parties are that the appellant herein is son of one Tek Chand whereas respondents Nos.1 to 4 are the legal representatives of Hukam Chand. Respondent No.5 is also widow of Teck Chand and is the mother of the appellant. It is admitted case of the parties that Hukum Chand and Tek Chand were real brothers being sons of one Ram Parshad. Suit property i.e. House No. 8/1018 situated in Sadar Bazaar, Ambedkar Nagar, Karnal was mortgaged by Ram Parshad to one Nathu Ram son of Kalu Ram for an amount of Rs. 1500/- which was further mortgaged on 1-5-1964 with one Kishori Lal son of Nathu Ram for Rs. 800/-. Though the property was mortgaged, the possession remained with Ram Parshad as a tenant thereof. The case of the appellant is that he redeemed the suit property by paying the mortgage money to the mortgagees and has thus acquired absolute title over the property. Respondents Nos.1 to 4 filed a suit for partition before the trial Court claiming themselves to be the co-owners o








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