Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Bhup Singh – Appellant
Versus
Jai Kishan – Respondent
JUDGMENT :
VIRINDER AGGARWAL , J .
1. The present Regular Second Appeal (hereinafter referred to as “RSA”) is directed against the judgment and decree dated 23.01.2024 passed by the learned Additional District Judge, Hisar, whereby the appeal preferred by the appellant was dismissed, the appeal preferred by the respondent was allowed, and consequently, the suit instituted by the present appellants which had earlier been partly decreed vide judgment and decree dated 16.08.2016 was ultimately dismissed.
2. Briefly stated, the case set up by the appellant–plaintiff along with proforma respondents is that they are owners in possession of the suit land, fully detailed and described in the head-note of the plaint, in equal shares, being Class-II heirs of deceased Raj Singh. It is pleaded that the mutations pertaining to inheritance have been illegally and unlawfully sanctioned and are liable to be declared null and void, not binding upon the plaintiffs and proforma defendants. A further relief of permanent injunction was also sought restraining the defendants from alienating the suit land.
2.1 It is the case of the plaintiffs that Har Chand was the original owner in possession of the suit l
Under the law of succession, heirs in a higher entry of the Class-II schedule take precedence over those in subsequent entries. A surviving brother, being in a higher entry, excludes the descendants ....
The importance of deciding applications for additional evidence under Order 41 Rule 27 CPC before disposing of appeals to ensure a fair and just decision.
Temporary injunction—In order to succeed in application for grant of temporary injunction, plaintiffs are required to show not only existence of a prima facie and arguable case in their favour, but t....
The interpretation of S.8 and S.9 of the Hindu Succession Act, 1956 is crucial in determining property succession among family heirs.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
