PREM CHAND vs DHARAMVIR ETC.

SARITA RANI 2026.05.11 16:25 I attest to the accuracy of this document/order RSA No.639 of 1998 2026:PHHC:072933 with possession in favour of defendant Nos.1 and 2 for a sum of ₹3,500/-. Upon the death of Manak Chand, the property devolved upon his widow Kasturi Devi and his three sons, namely defendant Nos.3 to 5. A&er the death of Kasturi Devi, her share also devolved upon defendant Nos.3 to 5, who thus became owners in equal shares. The plain+ffs are the sons of defendant Nos.3 to 5 and grandsons of Manak Chand. 5. The plain+ffs ins+tuted the suit challenging decree dated 07.05.1988 suffered by defendant Nos.3 to 5 in favour of defendant Nos.1 and 2. According to the plain+ffs, the decree was collusive in nature and was obtained only to avoid payment of stamp duty and registra+on charges. It was pleaded that the suit property was ancestral coparcenary property and, therefore, defendant Nos.3 to 5 had no authority to alienate the same without legal necessity. 6. Defendant Nos.1 and 2 contested the suit and denied the ancestral nature of the property. Their stand was that the property had been validly transferred in their favour for valuable considera+on and that the plain+ffs had no r