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2014 Supreme(P&H) 1287

RAKESH KUMAR JAIN
Ramesh Kumar – Appellant
Versus
Jai Bhagwan – Respondent


Advocates:
For the Appellant :Alok Jain, Advocate

Rakesh Kumar Jain, J.

1. The plaintiffs sought a declaration that they were entitled to 1/3rd share in all the suit land detailed in paras No. 2A, 2B and 2C of the plaint, correction of the revenue record, to restrain the defendants from ousting them from the joint user and also from alienating the suit land. The plaintiffs and defendants are related to each other. In order to understand their relation, the following pedigree table is reproduced:--

According to the aforesaid pedigree table, Jas Ram was the common ancestor of the parties who had three sons, namely, Shiv Sahai, Partap and Khushali. Khushali was issueless and had adopted Sukhi S/o. Shiv Sahai. Sukhi had further two sons, namely, Mam Chand and Gian Chand. Mam Chand is the predecessor-in-interest of plaintiffs No. 1 to 6 and Gian Chand of plaintiffs No. 7 to 9. After the death of Jas Ram, the suit property was inherited by his three sons in equal shares. After the death of Khushali, his 1/3rd share was inherited by his adopted son Sukhi and after his death, his 1/3rd share was inherited by his two sons Mam Chand and Gian Chand. After the death of Mam Chand, his share was inherited by plaintiffs No. 1 to 6 and share of Gia


























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