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2011 Supreme(P&H) 1862

RAM CHAND GUPTA
Charan Singh – Appellant
Versus
Amar Singh – Respondent


Advocates:
Present:Mr. Santosh Kumar Sharma, Advocate for Mr. Akshay Bhan, Advocate for the appellants in RSA No.1609 of 2005.
Mr. Arun Jain, Sr. Advocate with Mr. Kushagra Mahajan, Advocate for the appellants in RSA No.1653 of 2005 and for respondents no.7 and 8 in RSA No.1609 of 2005.
Mr. Puneet Jindal, Advocate and Mr. Parambir Singh, Advocate for respondents no.1 to 6 in both the appeals.

JUDGMENT

Mr. Ram Chand Gupta, J.: - Facts giving rise to both the aforementioned regular second appeals are as under:-

2. Dispute is regarding property left by deceased Hazara Singh son of Nathu. The present suit has been filed by Bhola Singh since deceased and represented by his legal representatives. He has claimed to be exclusive owner in possession of the property in dispute previously owned by Hazara Singh. Plea has been taken that after death of Hazara Singh, property was inherited by his wife, Smt. Sodhan Kaur, being his only legal heir and that the entries in favour of appellants-defendants no.5 and 6, namely, Charan Singh and Bachan Singh, who are none else than sons of present appellant-plaintiff-Bhola Singh, is illegal and void. He has also challenged Will allegedly executed by Smt. Sodhan Kaur in favour of respondents-defendants no.1 to 4, i.e., brothers and nephews of Smt. Sodhan Kaur. Plea has been taken that Smt. Sodhan Kaur, wife of Hazara Singh died on 21.1.1991 and that plaintiff is the only legal heir to inherit the property left by Smt. Sodhan Kaur as per Section 15(2) of the Hindu Succession Act, as she has inherited the property in dispute from her husband and

























































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