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2019 Supreme(P&H) 2590

HARMINDER SINGH MADAAN
Dhan Kaur – Appellant
Versus
Om Parkash Saini & Ors. – Respondent


Advocates Appeared:
Sanjiv Gupta, Advocate, for the Appellant; M.L. Sarin, Senior Advocate and Nitin Sarin, Advocate, for the Respondents

JUDGMENT/ORDER

Harminder Singh Madaan, J. - Briefly stated facts of the case are that plaintiff Smt. Dhan Kaur @ Dhanno wife of Sh. Rampal daughter of late Sh. Chellu Ram had brought a suit for declaration, permanent injunction and recovery against defendants i.e. S/Sh. Om Parkash Saini, Nihal Singh Saini, Rup Kishan Saini, Net Ram @ N.C. Saini, Chet Ram Saini, Bharat Singh Saini and Jain Narain Saini, her real brothers and also arraying her sisters Smt. Angoori Devi and Smt. Ghando Devi @ Nando Devi as proforma defendants.

2. As per the version of the plaintiff Sh. Chellu Ram (deceased) father of the parties was owner of agricultural land measuring 67 kanals 2 marlas, two dwelling houses measuring 77 square yards and 91.56 square yards respectively and a vacant plot measuring 166 square yards; that all those properties were self acquired properties of Sh. Chellu Ram; that Sh. Chellu Ram had died on 19.11.1984 leaving behind the parties as his legal representatives, in that way after his death, his estate had devolved upon the plaintiff as well as all the defendants in equal shares; however in the month of September, 2001, the plaintiff came to know that defendants No. 1 to 7 were in

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