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2021 Supreme(P&H) 1555

ANIL KSHETARPAL
Hans Raj – Appellant
Versus
Bhag Singh – Respondent


Advocates Appeared:
Mr. C.B. Goel, Advocate for the appellants, for the Appellant; Mr. Abhilaksh Grover, Advocate for respondents, for the Respondent

JUDGMENT

Anil Kshetarpal, J. - The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.

The defendants (appellants herein) assail the correctness of concurrent findings of the fact arrived at by the subordinate courts while decreeing the suit for declaration with a consequential relief of permanent prohibitory injunction.

Some facts are required to be noticed.

Late Sh. Rikhi Ram @ Rikhi was the owner in possession of the suit property. He married to Smt. Akki, however, but owing to differences, they did not stay together. On an application filed by Smt. Akki, the Court directed Rikhi Ram to pay her maintenance at the rate of Rs.20/- per month.

However, he was unable to pay the amount of maintenance as per the directions of the Court and therefore, executed a document to grant a limited estate of the land measuring 7 bighas of land in favour his wife Smt. Akki in lieu of the liability to pay her the monthly amount of maintenance as directed by the Court.

Smt. Rampati (Late Smt. Akki's daughter) was married to Sh. Purshotam. The plaintiffs (respondents herein) are children of Smt. Rampati and Sh. Purshotam. Smt. Rampati predeceased Smt

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