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MAHAVIR S.CHAUHAN
Hira Nand – Appellant
Versus
Maya Devi – Respondent
Mahavir S. Chauhan, J.—Mussadi Lal, the original owner of the suit property, had three daughters, namely, Maya Devi, Vidya and Muthari. Hira Nand and Prem Chand are sons of Vidhya. Hira Nand was adopted by Mussadi Lal as his son. One of the daughters of Mussadi Lal, namely, Maya Devi, brought the suit before Sub Judge, 1st Class, Mahendergarh (hereinafter referred to as ‘the trial Court’ ) for declaration to the effect that she and proforma defendant No.3 (Muthari) were owners of the suit land to the extent of 2/3rd share, and were entitled to separate possession of the land qua their respective shares. However, according to the plea of the plaintiff, the defendants did not admit her claim and this compelled her to approach the court for the claimed relief of declaration and possession.
2. Defendant No.3, Muthari filed a written statement of admission while defendants No.1 and 2 contested the suit by filing a written statement with preliminary objections, inter alia; to the effect that the plaintiff had no locus standi to maintain the suit; and that the suit, even otherwise, was not maintainable in the present form. It was also stated by them that first defendant namely, H
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