C.K.THAKKER, P.K.BALASUBRAMANYAN
Suraj Bhan – Appellant
Versus
Financial Commr. – Respondent
JUDGMENT
C.K. Thakker, J. — Leave granted.
2. The present appeal arises out of judgment and order passed by the High Court of Delhi on April 25, 2003 in Civil Writ No. 4560 of 1998. By the said order, the High Court confirmed the order passed by Revenue Authorities by which the name of respondent No. 5 was mutated in the Revenue Records.
3. Shortly stated the facts are that one Data Ram was the common ancestor of the appellants as also respondent No. 5. He was the owner of agricultural land admeasuring 216 Bighas and 19 Biswas comprised of several Khasra numbers, situated in the Revenue Estate of village Bawana, Delhi. Data Ram died in the year 1948. He was survived by six sons and two daughters; three sons and one daughter from the first wife and three sons and one daughter from the second wife. Ratni Devi was a daughter from the second wife. After the death of Data Ram, the land was mutated in the names of his eight children and each of them was given 1/8th share. In 1987, two sons of Data Ram, namely, (i) Bhagwana, and (ii) Hari Singh instituted a suit No. 81/87 for declaration and permanent injunction averring therein that two daughters of deceased Data Ram, namely, (i) Smt. Jee K
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