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2005 Supreme(P&H) 913

M.M.KUMAR
Giano – Appellant
Versus
Puran – Respondent


Judgment

1. This order shall dispose of R.S.A. No. 2447 of 1995 and R.S.A. No. 2334 of 2001. Parties in both the appeals are the same. The first appeal (for brevity "the first case") arises from a civil suit filed by the plaintiff-appellant Smt. Giano in which she has prayed for possession of ½ share of the suit land on the basis of a registered gift deed No. 1754, dated 3-9-1974. She has further prayed for possession of 1/9th share in the other part of the suit land on the basis of inheritance claiming herself to be the daughter of one Mai Dhan, whose estate is subject-matter of the dispute. There are two judgements and decrees in favour of the defendant-respondents, namely, Puran and Jage Ram, who are admittedly sons of Mai Dhan. Those judgements and decrees dated 31-7-1981 suffered by her father Mai Dhan in favour of her brother Jage Ram in Civil Suit No. 459 of 1981 and the other judgement and decree is in favour of her other brother in Civil Suit No. 56 of 1980, Consequently, mutation Nos. 1659 and 1764 have also been challenged being illegal and void etc. The other appeal (for brevity "the second case") has arisen out of the civil suit filed by Puran and Jage Ram (who are refe

























































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