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2017 Supreme(P&H) 913

RAMESHWAR SINGH MALIK
Baldev Raj Sharma – Appellant
Versus
Kanta Devi – Respondent


Advocates Appeared:
For the Appellant : Vipin Mahajan

JUDGMENT

Rameshwar Singh Malik, J.

1. Defendant No. 11 is in regular second appeal against the impugned judgment of reversal, whereby first appeal of the plaintiff-contesting respondent No. 1 in her suit for declaration and permanent injunction, on the basis of her right of inheritance, was allowed by the learned District Judge. Brief facts of the case, as noticed by the learned first appellate Court in paras 2 and 3 of its impugned judgment, are that plaintiff Kanta Devi filed a suit for declaration against defendants Janak Singh and others on the averments that Dharmu son of Buta Ram was original owner in possession of land measuring 72 kanals 14 marlas, which was in dispute in this case. He died unmarried and issueless on 25.05.1972. Deputi Ram was his brother, whereas Melo Devi and Buban Devi were his sisters. After death of Dharmu, his estate was inherited by his brother and sisters. Deputi Ram died in the year 1975. Buban Devi died on 01.08.1982. Plaintiff was the only daughter of Buban Devi. Defendant No. 1 Janak Raj and defendant No. 2 Kamal Singh were sons of Melo Devi. Defendant Nos. 7 to 9 were legal heirs of Deputi Ram. Plaintiff through her mother Buban Devi was having 1



































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