RANVINDER SINGH Vs. RAGHUNATH SINGH
LAWS(HPH)-1997-8-3
HIGH COURT OF HIMACHAL PRADESH
Decided on August 19,1997

RANVINDER SINGH Appellant
VERSUS
RAGHUNATH SINGH Respondents


Referred Judgements :-

BUDH SINGH ALIAS NACHHATAR SINGH V. GURDEV KAUR [REFERRED]
NACHHTTAR SINGH V. BUDH SINGH [REFERRED]
LUDDAR MANI V. RAJA BALDEV SINGH SAHIB [REFERRED]
ASSA RAM (DECEASED) THROUGH HIS L.RS.RAMJI DASS AND VS. BUDH RAM [REFERRED]


JUDGEMENT

- (1.)The plaintiff/appellant, who has lost in both the Courts below, is in second appeal before this Court. The parties, hereinafter in this judgment, shall be referred to as 'plaintiff' and 'defendants'.
(2.)The admitted position is that Kapura, son of Bhola was the grand father of the plaintiff and father of defendant No. 1. Defendant No. 1 is the father of the plaintiff. Kapura is said to be an 'ADNA MALIK'. Raghunath Singh, defendant No. 1 married one Ram Rakhi who has been impleaded as defendant No. 8 in the suit, and the plaintiff claims himself to be son of defendant No. 1 through Ram Rakhi. Defendant No. 1, Raghunath Singh thereafter married one Satya Devi who has been impleaded as defendant No. 7. Defendants Nos. 3 , 4, 5 and 6 are daughters of Raghunath Singh, defendant No. 1 through his other wife Satya Devi, and defendant No. 2 is alleged to be their son.
(3.)The suit out of which the appeal has arisen, was filed by the plaintiff for joint possession and declaration to the effect that the land measuring 62 bighas 14 biswas is the joint Hindu Family and coparcenary property in the hands of his father defendant No. 1 and the marriage contracted by him with Satya Devi, defendant No. 7 is illegal and defendants Nos. 2 to 6 as such have no right, title or interest in the said land but they are conspiring to alienate the suit land in order to deprive the plaintiff of his share. The plaintiff claims one half share as coparcener and has laid challenge to the right of defendant No. 1 to alienate the suit property.


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