Neutral Citation Number : 2023:DHC:2345

RFA 742/2019

Page 1 of 26

$~38 (Appellate)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on 12^th September 2022

Pronounced on 6^th April 2023

+

RFA 742/2019

ATTAR SINGH & ORS

.... Appellants

Through:

Mr. Himanshu Thakur, Adv.

versus

MAHINDER SINGH & ANR

.... Respondents

Through:

Mr. Surinder Jain, Adv.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

JUDGMENT

%

06.04.2023

1.

Ami Chand and his wife Barpai Devi had four sons, Mahinder

Singh, Hukam Singh, Attar Singh and Chattar Singh. Ami Chand died

on 30

RFA 742/2019 and CM APPL. 36857/2019 (stay)

The lis

th

April 1988 and Barpai Devi died later; however, her date of

death is not forthcoming on the record. With the death of Barpai

Devi, their sole surviving legal heirs were Mahinder Singh, Hukam

Singh, Attar Singh and Chattar Singh. Hukam Singh had three sons

and one daughter, namely, Dev Raj, Hem Raj, Yogesh and Aarti.

Hukam Singh apparently went missing, as per the impugned

judgment, sometime in 1996.

2.

Mahinder Singh instituted CS 06/2012 against Hukam Singh,

Attar Singh, Chattar Singh and Dev Raj, claiming partition o