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2019 Supreme(UK) 522

SUDHANSHU DHULIA
NUPUR SINGH @ NUPUR CHAUHAN – Appellant
Versus
SHALINI PREM – Respondent


Advocates:
For the Appellant :Mr. Rajendra Dobhal, Mr. V.K. Kohli, Sr. Advs., assisted by Mr. Shubhang Dobhal, Advocate
For the State :Mr. B.P. Nautiyal, Mr. M.S. Pal, Sr. Advs., assisted by Mr. Mohd. Matloob, Advocate

JUDGMENT

Hon'ble Sudhanshu Dhulia, J. (Oral)

This first appeal arises out of judgment and decree of the Trial Court dated 27.05.2016 passed by the Civil Judge (Senior Division) Roorkee, District Haridwar in O.S. No.158 of 2012 “Smt. Shalni Prem Vs. Nupur Singh and others", whereby the suit for partition of the plaintiff/respondent no.1 has been decreed by giving 1/4th equal share of the property to the four legal heirs.

2. Brief facts of the case are that a piece of land was purchased by Shri Yudhisthir Singh way back in the year 1959, on which later a hotel called “Motel Polaris" was constructed in the year 1961-1962, and since then the hotel was being run on the said place. Shri Yudhisthir Singh and his wife Smt. Madhu Singh had four children, three daughters namely Shalini Prem, Shivani and Sunaina and one son Dhruv Singh.

3. The parties are related to each other as indicated by the subjoined pedigree given below.

4. Shri Yudhisthir Singh passed away in the year 1980 and his wife Smt. Madhu Singh later passed away on 15.03.1999. Admittedly the motel was being run by their son Dhruv Singh, at the relevant point of time. Dhruv Singh was married to Nupur Singh (the present appellant

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