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1952 Supreme(SC) 11

S.MURTAZA FAZAL ALI, VIVIAN BOSE
Dhiyan Singh – Appellant
Versus
Jugal Kishore – Respondent


Advocates:
ACHHRU RAM, BAKSHI TEK CHAND, GANPAT RAI, J.P.CHOPRA, S.K.KAPOOR, SARDAR BAHADUR SAHARYA

Judgment

Bose, J. - This is a litigation between two branches of a family whose common ancestor was one Megh Raj Singh. The family tree is as follows :

2. The dispute is about property which, according to the plaintiffs formed part of Shanker Lals estate. The plaintiffs state that the two branches of, the family were separate at all material times; that on Shankar Lal s death in 1884 his daughter Mst. Mohan Dai (the defendants grandmother) succeeded to a limited estate. The reversion opened out on her death in October 1929 and the plaintiffs are entitled as the next reversioners, for Mst. Mohan Dei s son Shri Kishan Das predeceased her.

3. The defendants admit that Shankar Lal was separate from the other branch of the family. They divide the property which their grand mother Mst. Mohan Dai possessed into two categories. First there was property which they say belonged to her. These are properties which, according to them, she purchased or obtained under mortgages in her own right. Next, there were properness which belonged exclusively to her father and to which she succeeded as daughter. On Shankar Lal s death disputes arose between Shankar Lal s father s brother s son Brijlal (the pl







































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