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2006 Supreme(P&H) 112

M.M.KUMAR
Jai Narain – Appellant
Versus
Sona Devi – Respondent


Judgment

M.M.Kumar, J.

1. This is defendants appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, the Code) challenging the concurrent findings of fact recorded by both the Courts below holding that the plaintiff-respondent Sona Devi is daughter of deceased Jagan whose estate is the subject matter of dispute in this case. It has further been found she was the only legal heir and would have inherited the property of deceased Jagan had he not suffered the judgment and decree dated 18.11.2005. The learned trial Court recorded the finding that the family settlement between deceased Jagan and the defendant-appellant was arrived at to deprive the plaintiff-respondent from her rights in the suit property because it would have fallen to the share of the plaintiff-respondent being the sole legal heir after the death of Jagan. The learned trial Court further held that a Hindu male cannot alienate the suit property by executing a Will or by any other means like suffering a decree. It has further been found that the decree suffered by deceased Jagan did not disclose the existence of any dispute, right or love and affection between Jagan and the defendant-appellant.













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