K.KANNAN
Kundan Lal son of Pt. Des Raj son of Devi Ditta (through LRs) – Appellant
Versus
Atam Parkash – Respondent
K. KANNAN J.
I. Law involved
1. The point involved in the second appeal is whether a person, who has taken to Sanyas leaves his blood relations as heirs or the spiritual lineage of a Chela to take right in the property left behind by the Sanyasi.
II. Geneology – Basis for claim of the respective parties
2. The plaintiff’s suit was dismissed by the trial Court and the Appellate Court. The plaintiff filed the suit for recovery of possession of the property in the hands of the 1st defendant, who admittedly claimed to be a Chela of Gokal Chand @ Kesar Bharti. The genealogy as brought through the pleading is reproduced:-
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Impleaded as LRs on the basis of Will dated 12.07.2000
3. Gokal Chand @ Kesar Bharti died in the year 1976 and the suit had been filed by the plaintiff Kundan Lal for the relief of possession from the hands of the 1st defendant. The 1st defendant has himself died and certain registered Trusts represented through trustees, who claim to be in possession of the properties have been brought on record. There seems to be rival contentions amongst the representatives of the 1st defendant themselves but I will not take them as re
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