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1999 Supreme(P&H) 1530

R.L.ANAND
Abdul Hasan – Appellant
Versus
Kalsum And Ors. – Respondent


Judgment

R.L.Anand, J.

1. Unsuccessful plaintiff Abdul Hasan has filed the Regular Second Appeal and it has been directed against the judgment and decree dated 6.11.1979 passed by Additional District Judge, Gurgaon, who affirmed the judgment and decree dated 7.5.1979 passed Sub Judge 1st Class, Gurgaon, who dismissed the suit of the plaintiff-appellant for declaration as prayed for.

2. Abdul Hasan filed a suit for declaration against Smt. Kalsum, Smt. Rehmat, Smt. Akbari, Smt. Maryama, daughters of Smt. Jamila daughter of Wali Mohd. and Smt. Jamila daughter of Wali Mohd., defendants No. 1 to 5 respectively, and sought a declaration that the consent decree dated 1.3.1978 suffered by Smt. Jamila in favour of her daughters is illegal, null and void and does not effect the rights of the plaintiff.

3. Some facts can be noticed in the following manner:-

The area of the suit land is 167 kanals 5 marlas, situated in the revenue estate of village Santhawari, Tehsil Ferozepur Jhirka and was owned by Wali Mohd., father of defendant No.5. After the death of Wali Mohd. this property was mutated in the name of defendant No.5 Smt. Jamila as a limited owner. Wall Mohd., was Meo by caste which is ma




























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