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2003 Supreme(SC) 226

Madanlal (Dead) By Lrs. – Appellant
Versus
Yoga Bai (Dead) By Lrs. – Respondent


JUDGMENT

Brijesh Kumar, J.-This appeal is preferred against the judgment and order passed by the Andhra Pradesh High Court allowing the appeal of the plaintiff-respondent (herein) and setting aside the judgment and decree passed by the trial court dismissing the suit for partition.

2. It appears that one Purandas had established his business in Hyderabad after having shifted there from Burhanpur in the State of Madhya Pradesh. The business was being carried on under the name & style of Purandas Ranchhoddas & Sons. It appears that he had different businesses mainly perfume business in two places in Hyderabad. He had four sons, namely, Ranchhoddas, Dwarkadas, Motilal, Babulal and a daughter Yoga Bai. Purandas died in the year 1962. Ranchhoddas was eldest son. That being the position, Ranchhoddas continued to look after the business. Dwarkadas died in the year 1966. His wife, Purna Bai and sons Daya Bhai and Raj Kumar filed a suit for partition of the properties as joint family property impleading Ranchhoddas as the Defendant No.1 and his sons as Defendants 2 to 5. Sons of Motilal, namely Raman Lal and Shanti Lal, were impleaded as Defendants 7 and 8 and Yoga Bai, daughter of Purandas









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