Extract
P. Swaroopa Rani VS. M. Hari Narayana @ Hari Babu
The Judgement Information System CASE NO.: Special Leave Petition (civil) 1380 of 2002PETITIONER: Salekh Chand (Dead) by Lrs RESPONDENT: Satya Gupta and Ors DATE OF JUDGMENT: 04/03/2008BENCH: Dr. ARIJIT PASAYAT & P. SATHASIVAMJUDGMENT: J U D G M E N TCIVIL APPEAL NO. OF 2008 (Arising out of SLP (C.) No. 1380 of 2002) Dr. ARIJIT PASAYAT, J 1. Second appeal filed by the defendants having been allowed by the learned Single Judge of the Allahabad High Court one of the plaintiffs Salekh Chand has filed this appeal. The legal heirs of the another plaintiff Om Prakash who died on 28.2.1998 (proforma respondent No.4) have been impleaded in this appeal. Om Prakash's widow Smt. Ram Kumari died on 2.6.1999 and, therefore, their son Munna Lal is proforma respondent no.4.2. Background facts in a nutshell are as follows: A suit filed by the plaintiffs Om Parkash and present appellant Salakh Chand was dismissed by learned Additional Civil Judge, Ghaziabad in Suit No.699/84. Learned Additional District Judge, Ghaziabad reversed the judgment and decree dated 5.3.1990 by judgment and decree dated 22.2.1998. The plaint averments refer to the following facts: Om Prakash and Salekh Chand filed Suit No.699 of 1984 against Smt. Satya Gupta and one Brijesh Kumar. Shiv Om Banshal and Mahendra Kumar Banshal (Respondent Nos. 2 and 3 in this appeal) were impleaded as defendant nos.3 and 4. The plaint allegations were that House no.104 (old number) with its new numbers 175 and 176...
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