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Shivdev Kaur (D) by LRS. Vs. R.S. Grewal [20/03/13]

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[Civil Appeal Nos. 5063-5065 of 2005]. These appeals have been preferred against the impugned judgment and order dated 2.7.2004 passed by the High Court of Punjab & Haryana at Chandigarh in Regular Second Appeal No. 257 of 1982 and Regular Second Appeal No. 608 of 1982 and Cross Objection No. 14-C of 1982 by which the High Court has affirmed the judgment of the first appellate court as well as the trial court so far as the nature of the rights of the appellant in the suit property are concerned. Facts and circumstances giving rise to these appeals are that: One Dr. Hira Singh had acquired a huge property in his life time. He executed various deeds creating certain rights in favour of his sole son Dr. Shivdev Singh Grewal and two daughters, namely, Smt. Dayawant Kaur and Dr. Shivdev Kaur including the Will dated 16.9.1944, creating certain rights in favour of the appellant. Dr. Hira Singh died on 11.4.1945. Shri Shivdev Singh Grewal and Smt. Dayawant Kaur died leaving behind their children. Dr. Shivdev Kaur claimed certain rights on the basis of the Will dated 16.9.1944, and for the same she filed Suit No. 161/399/74 on 4.10.1974 against her nephew for mandatory injunction seeking his eviction from the suit premises claiming absolute right/ownership over the same in view of the provisions of Section 14 of the Hindu Succession Act, 1956 (hereinafter referred to as the 'Act 1956').

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