LAWS(ALL)-2013-1-291

MURLIDHAR AGARWAL Vs. MAHENDRA PRATAP KAKKAN

Decided On January 09, 2013
Murlidhar Agarwal Appellant
V/S
Mahendra Pratap Kakkan Respondents

JUDGEMENT

(1.) Hears Sri A.K. Bajpai, Advocate, for petitioners. Sri Manish Mehrotra, Advocate, has put in appearance on behalf of respondents.

(2.) It is interesting to note that Trial Court while admitting this fact that Sri Radhey Shyam, father of petitioners, was owner of Ajanta Talkies, has declined to accept devolution of the said property on the petitioners only on the ground that no document showing mutation in the name of petitioners was produced and, therefore, it cannot be said that property stood devolved on sons of Late Radhey Shyam though ownership or Sri Radhey Shyam in respect to Ajanta Talkies and relationship of petitioners with Sri Radhey Shyam was found proved by Trial Court, as is evident from following:

(3.) Further the factum that applicants have their share in Firms M/s. Radhey Shyam and Sons was found proved by the Trial Court as is evident from page No. 199 of paper book which reads as under: