SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2011 Supreme(P&H) 1992

K.KANNAN
Kundan Lal son of Pt. Des Raj son of Devi Ditta (through LRs) – Appellant
Versus
Atam Parkash – Respondent


Advocates appeared:
Ms. Alka Sarin, Advocate for the appellant.
Mr. B.R. Mahajan, Advocate and Ms. Gaganpreet Kaur, Advocate for respondent No.1.
Mr. K.G. Chaudhary, Advocate for respondent No.2.

JUDGMENT

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:-

g src=“#Path_Of_Doc#336704.JPG”/img/center

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





















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top