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2018 Supreme(P&H) 4267

REKHA MITTAL
Som Dutt @ Som Nath @ Soma – Appellant
Versus
Mahi Pal – Respondent


Advocates Appeared:
Vijay Kajla for Mr. Kulwant Singh, Advocates, for the Appellant; Sandeep Goyal, Advocate, for the Respondents

JUDGMENT

Rekha Mittal, J. - Challenge in the present appeal has been directed against concurrent findings recorded by the courts whereby suit for declaration that the appellant-plaintiff is owner in possession of land measuring 21 kanal 7 marlas i.e. half share of total land measuring 42 kanal 14 marlas, detailed in para 1 of the plaint situated within the revenue estate of village Malikpur, Sub Tehsil Siwan District Kaithal and the defendants-respondents have no right, title or interest in the suit land, the alleged Will dated 11.6.1998 executed by Smt. Sukhma Devi and mutation No. 1969 in favour of the defendants is illegal, null and void, has been partly allowed.

2. The facts relevant for disposal of present appeal are that the entire land measuring 42 kanal 14 marlas was owned by Jug Lal son of Sh. Matu son of Harnam alias Harna resident of village Malikpur who died on 21.5.1983. Jug Lal was married with Sukhma Devi but no child was born from their wedlock. Jug Lal and Sukhma Devi kept the appellant as their heir, treated him as their son and performed his marriage. The appellant is the son of Ram Chander, brother-in-law of Jug Lal. It is further averred that Jug Lal executed Wi

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