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2014 Supreme(P&H) 4

K.KANNAN
Sukhdevi – Appellant
Versus
Ram Piari – Respondent


Advocates:
For the Appellant:Mr. K.S. Malik, Advocate.
For the Respondent:Mr. Hawa Singh Hooda, Senior Advocate with Mr.C.B. Goel, Advocate.

JUDGMENT

Mr. K. Kannan, J.:- I. The genesis of dispute

1. The plaintiff whose suit was dismissed by courts below is the appellant in this court. The suit is at the instance of the daughter against her mother and her sister. The suit had been filed for a declaration that a decree obtained in Civil Suit No.164 of 1979 titled Ram Piari Versus Sukh Devi and others was null and void, bogus, inoperative and not binding on the plaintiff. The property originally belonged to father Maru. Maru’s widow is Ram Piari-the 1st defendant. The 1st defendant had two daughters, who were the plaintiff and the 2nd defendant. It appears that civil suit had been filed by Ram Piari and her daughters suit against Maru when the latter admitted the plaintiffs in the said suit as entitled to 1/4th share. The Civil Suit No.551 of 1976 was with reference to 1/4th share each for the three plaintiffs of agricultural land in 173 kanals 14 marlas in certain specified khatauni numbers and killa numbers. The decree was obviously collusive and no defence was taken and allowed for the plaintiff’s 1/4th share. A subsequent suit filed in Civil Suit No.385 of 1977 had been at the instance of Ram Piari against her husband
























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