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2002 Supreme(P&H) 699

N.K.SODHI
Lakshmi Chand – Appellant
Versus
Basanti alias Kailash – Respondent


Advocates Appeared:
For the Appellants :Mr. R.S. Mittal, Senior Advocate with Mr. Sudhir Mittal, Advocate.
For the Respondent No. 1:Mr. M.S. Jain, Senior Advocate with Mr. Adarsh Jain, Advocate.

JUDGMENT

N.K. Sodhi, J. - the dispute herein is between the brothers, on the one hand, and the sisters, on the other. Chiranji Lal, father of the parties, was a Dohlidar to the extent of one-half share in the land in dispute. Basanti @ Kailash plaintiff and Chanderpati defendant No. 4 are the daughters of Chiranji Lal whereas Lakshmi Chand and Karan Singh are his sons. On the basis of a family partition and settlement the father (Chiranji Lal) suffered a decree on 20.7.1976 in favour of his two sons and the two sisters were deprived of their right of succession to the estate of Chiranji Lal. Basanti filed a suit out of which the present appeal has arisen challenging the aforesaid decree on the ground that dohlidari rights in the land could not be alienated by her father and as such the decree would be void ab initio and would not affect her rights and those of Chanderpati who was arrayed as defendant No. 4 in the suit. Lakshmi Chand and Karan Singh sons of Chiranji Lal were arrayed as defendants No. 1 and 2. Chiranji Lal was also arrayed as a defendant in the suit. The suit was contested by Chiranji Lal and also by his two sons. Chiranji Lal died during the pendency of the suit and




















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