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2015 Supreme(P&H) 1739

RAJ MOHAN SINGH
Tej Kaur – Appellant
Versus
Mohinder Kaur – Respondent


Advocates:
For the Appellants:Mr. Deepak Aggarwal, Advocate.
For the Respondents:Mr. Sherry K. Singla, Advocate.

JUDGMENT

Mr. Raj Mohan Singh, J.: (Oral) - Defendants have directed this present appeal against the judgment dated 30.04.2012 vide which the case has been remanded to the trial Court after allowing an application under Order 6 Rule 17 CPC filed by plaintiffs. The trial Court has been directed to decide the suit preferably within 6 months from the date of receipt of the record.

2. Plaintiffs filed suit for declaration to the effect that transfer deed dated 25.11.2008 executed by Tej Kaur in favour of his sons Modan Singh and Resham Singh in respect of 34 kanals, 3 marlas of land to be illegal, null and void.

3. Plaintiffs alleged that plaintiffs and defendants No.1 to 4 constituted a Joint Hindu Family. Tej Kaur-defendant No.1 is mother-in-law of plaintiff No.1 and grand-mother of plaintiffs No.2 to 4. Lakha Singh was son of defendant No.1. Defendants No.2 and 3 are real sons of defendant No.1 and brothers of deceased Lakha Singh. Will was executed by Jangir Singh in favour of his wife Tej Kaur and three sons Lakha Singh, Modan Singh and Resham Singh vide registered Will dated 16.04.1980. After registration of aforesaid Will, mutation was also sanctioned and Lakha Singh died thereaf
















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