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2022 Supreme(P&H) 882

ALKA SARIN
Dalip Sah – Appellant
Versus
Smt. Prem Lata – Respondent


Advocates:
Mr. Ranjit Saini, Advocate, for the Appellant.

JUDGMENT

Alka Sarin, J. - The present regular second appeal has been preferred by the defendant-appellants impugning the judgments and decrees passed by both the Courts below whereby the suit for declaration with consequential relief of permanent and mandatory injunction filed by the plaintiff-respondents has been decreed.

2. The brief facts relevant to the present lis are that one Sudama Parshad s/o Hari Shankar was the owner of the suit property. He was married to one Smt. Jamuna Devi and out of the wedlock he had 5 daughters, 4 being the plaintiff-respondents and one being Kanchan, who is not a party to present lis. After the death of Smt. Jamuna Devi on 16.02.1999, said Sudama Parshad performed a second marriage with Smt. Nirmala Devi. No child was born out of the wedlock. The appellant No.1-defendant No.1, Dalip Sah, is brother of Smt. Nirmala Devi whereas the appellant No.2-defendant No.2, Smt. Sumriti Devi, is his wife and the appellant No.3-defendant No.3, Master Chandan, is their natural son. Sudama Parshad died on 09.11.2012 and his second wife, Smt. Nirmala Devi, died on 08.10.2014. It is the case set up by the plaintiff-respondents that the defendant-appellants along with

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