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VINOD S. BHARDWAJ
Ram Dia(Died) – Appellant
Versus
Har Narain – Respondent
JUDGMENT
Vinod S. Bhardwaj, J.
Involving dispute with respect to the same property and amongst the same parties, claiming through common predecessor in interest, these five Regular Second Appeals are being decided together vide a common judgment.
2. The facts of the respective RSAs and the suits from which they originate would be elaborated in the subsequent paragraphs, however, for understanding the entire controversy, it is essential to notice the pedigree table, as is proved from Ex.PX in civil suit No.438 of 1982 wherefrom RSA No.2227 of 1990 arises.
3. The civil suits pertain to the succession to the estate of Gorkha and Munshi sons of Tokha. In the said background, the factual dispute of each set of cases is being referred to here-in-after-below:-
RSA No.2227 of 1990
4. Plaintiff-appellant Ram Dia is in Regular Second Appeal against the judgment and decree of dismissal passed by the Additional Senior Sub Judge, Panipat in civil suit No.438 of 1982 dated 28.04.1988 as well as the subsequent dismissal of the civil appeal No.29 of 1988 by the court of Additional District Judge, Karnal vide judgment and d
The registered Will dated 21.04.1976 executed by Munshi in favor of Ram Dia is valid, and Gorkha's rights over the property were upheld despite claims of renunciation.
The court clarified that a will's condition restraining alienation does not apply to the legal representatives of the testator and that a right of preemption under the Hindu Succession Act is only ap....
The main legal point established in the judgment is that sale deeds executed in violation of an injunction order are void, and the doctrine of lis pendens applies to such transactions.
The doctrine of res judicata between co-defendants must be applied with care and caution, and the findings in a previous suit can operate as res judicata between co-defendants if certain conditions a....
An unregistered gift deed does not confer title to real property, necessitating proper registration and the inclusion of all necessary parties in a suit for declaration.
Civil Suit - Limitation - Where parties are fully aware about case of each other and have contested each other’s case by availing opportunity to lead evidence, question of framing or non-framing of i....
A proponent of a Will must dispel any suspicious circumstances surrounding its execution; mere assertion is insufficient to establish validity.
The court ruled that a plaintiff must establish rights through proper succession reporting and admissible evidence, and findings from criminal proceedings do not bind civil courts.
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