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2020 Supreme(P&H) 707

RAJ MOHAN SINGH
Naresh Kumar – Appellant
Versus
Charanpreet Kaur @ Priti – Respondent


Advocates Appeared:
Shailendra Jain, Advocate, Anupama Arigala, Advocate, Nandita Abrol, Advocate, Navin Mishra, Advocate

JUDGMENT

Raj Mohan Singh, J. - Vide this common order, above mentioned two regular second appeals arising out of judgments and decrees passed by the Courts below are being disposed of. For the sake of convenience, the parties are hereinafter being referred with the same status as before the trial Court.

    2. The facts necessary to adjudicate the present lis are that the plaintiff-Charanpreet Kaur @ Priti and her two minor sons namely Rajat Kumar and Sumit Kumar had filed a suit for declaration and permanent injunction inter alia stating that plaintiff No.1 is widow and plaintiffs No.2 and 3 are minor sons of late Sushil Kumar. The suit qua plaintiffs No.2 and 3 was filed through their mother (plaintiff No.1). It was stated that Sushil Kumar was joint owner in possession of the property along with defendants No.1 and 2 as fully detailed in head note A of the plaint. Phool Singh, father-in-law of plaintiff No.1 and grand-father of plaintiffs No.2 and 3 was joint owner in possession of the land as described in head note B of the plaint. Phool Singh had died, leaving behind the plaintiffs and defendants as legal heirs and the property in the hands of Phool Singh was ancestral property qua

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