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1999 Supreme(P&H) 1238

R.L.ANAND
Parveen Kumar – Appellant
Versus
Shiv Ram Alias Sheo Ram And Ors. – Respondent


Judgment

R.L.Anand, J.

1. We are dealing with the case of one Jhutha Ram. Some facts can be notice in the following manner:-

Jhutha Ram and Devi Sahai were the sons of Khema. Jhutha Ram was issueless. Devi Sahai had three sons by the names of Krishan Chand alias Kishan Lal, Shiv Ram and Laxmi Chand. Laxmi Chand had two sons by the name of Bhani Sahai and Ramesh Chand. Jhutha Ram suffered one consent decree dated 1.5.1982 bequeathing his property in favour of Kishan Chand alias Kishan Lal. Later on Kishan Chand suffered another consent decree dated 1.3.1984 and transferred 2/3rd share which he acquired from Jhutha Ram through consent decree dated 1.5.1982 in favour of Shiv Ram to the extent of 1/2 share and Bhani Sahai and Ramesh Chand to the extent of 1/2 share jointly. Later on Jhutha Ram filed the present suit for declaration to the effect that the consent decree dated 1.5.1982 allegedly suffered by him in favour of Kishan Chand is null and void on two counts - that the said decree has not been registered and in these circumstances no right, title or interest vested in Kishan Chand, as a result of which Kishan Chand could not transfer the title to Shiv Ram Bhani Sahai and Ramesh C















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