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2018 Supreme(P&H) 413

ANIL KSHETARPAL
Poonam Arya – Appellant
Versus
Rukmani Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashish Aggarwal, Sr. Advocate with Mr. Vijay S. Kajla, Advocate
For the Respondent:Mr. Ashwani Verma, Advocate, Mr. Parshant Garg, Advocate, for Mr. Mohit Garg, Advocate

JUDGMENT :

ANIL KSHETARPAL, J.

1. Defendants-appellants are in the regular second appeal against the concurrent finding of fact arrived at by the Courts below.

2. Plaintiff filed a suit for separate possession by way of partition claiming that the property in question is joint and she is having 1/7th share in the same. It is pleaded case of the plaintiff that originally there was a business firm i.e. M/s Minaxi Ginning Pressing and Oil Mills, a partnership firm. The said firm was closed and the plaintiff has already shifted to the State of Maharashtra. It is further pleaded case of the plaintiff that the factory building was demolished and the land was converted into plots and some of the co-sharers have already sold their share in the suit property. She prayed that she has not sold any share and hence, she is co-sharer to the extent of 1/7th share. The suit was contested by some of the defendants. They pleaded that the property is not joint as the same has already been partitioned. It was pleaded that the entire property has been converted into plots and the defendants have purchased specific plots through registered sale deeds and constructed boundary wall. Some of the defendants ev







































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