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2017 Supreme(P&H) 899

RAJ MOHAN SINGH
Raghbir – Appellant
Versus
Bharto Devi – Respondent


Advocates Appeared:
For the Appellant :V.B. Aggarwal, Advocate
For the Respondent:Gaurav Tyagi, Advocate

JUDGMENT :

Raj Mohan Singh, J.

1. Petitioner has assailed order dated 17.08.2015 passed by Civil Judge (Junior Division), Kurukshetra whereby application for giving direction for DNA profile of plaintiff-Bharto Devi with Chander Bhan sought by defendants No. 2, 4 to 10, 12 to 17, 20, 21, 23 to 32 was declined.

2. Plaintiff-Bharto Devi filed a suit for declaration and joint possession with a consequential relief of permanent injunction on the ground that father-in-law of the plaintiff namely Bullu Ram was owner in possession of the land in question. Said Bullu Ram died on 06.12.1969. Mutation of inheritance was sanctioned in favour of his sons and daughters. Plaintiff was widow of pre deceased son of Bullu Ram namely Ram Sarup who died in the year 1965. Plaintiff being widow of pre deceased son of Bullu Ram was entitled to 1/8th share in the property left by Bullu, but in the mutation, the name of the plaintiff was not entered as legal heir of Bullu. In this way, she was deprived of her 1/8th share in the property of Bullu in both the villages namely Kanipala and Shadipur Sahidan. Revenue record was also assailed by the plaintiff.

3. Moden son of Bullu and Bakhtawari, Bhagti and Sona





















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