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2007 Supreme(All) 3146

PRAFULLA C.PANT
Prem Lal (Since Deceased) – Appellant
Versus
Kalam Ram – Respondent


JUDGMENT :

PRAFULLA C. PANT, J.

1. This second appeal, preferred u/s 100 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 7.9.1981, passed by learned District Judge, Chamoli, in Civil Appeal No. 3 of 1980, whereby the said appeal is dismissed and the judgment and decree dated 14.7.1981, passed, by the Munsif Karanprayag in O.S. No. 12 of 1979, is affirmed.

2. Heard learned Counsel for the parties and perused the papers on record.

3. Brief facts of the case are that the parties to this litigation are residents of Village Sankote, P.O. Nakholi, Pargana Karanprayag, district Chamoli. They are related to each other by the following pedigree:

Madan

Jaimi

(after death of Madan his widow married to Jaimi)

Dublu

Lachhmu

Kalam Ram

Bali Ram

Raghubir Lal

Balbir Lal

Baisakhi

(Defendant No. 1)

(Plaintiff No. 1)

(Plaintiff No. 2)

(Plaintiff No. 3)

(Plaintiff No. 4)

As such, Dublu and Lachhmu were uterine brothers. It is pleaded in the plaint that the land of Khata Khatoni No. 98 is the ancestral land of the plaintiffs. S
























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