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1959 Supreme(SC) 157

S. K. DAS, K. C. DAS GUPTA, M. HIDAYATULLAH
Parbati Kuer – Appellant
Versus
Sarangdhar Sinha – Respondent


Advocates:
A.B.SARAN, A.V.VISHWANATHA SASTRI, D.GOVERDHAN CHARY, J.B.DADACHAN, L.K.JHA, P.B.GANGULY, P.K.CHATTERJI, R.C.Prasad, RAJINDAR NARAIN, RAMESHWAR NATH ROY, S.N.ANDLEY

Judgment

HIDAYATULLAH, J. : These two appeals have been filed by the same appellant (Smt. Prabati Kaur) with certificates granted by the High Court of Patna under Art. 133 (1) of the Constitution read with Ss. 109 and 110 of the Code of Civil Procedure. By these two appeals, the appellant impugns the common judgment but separate decrees of the High Court in Civil Appeals Nos. 69 and 91 of 1947 dated September 9, 1953.

2. The facts are as follows : One Ramdin Sinha had three sons, Ram Ran Vijaya Sinha, Sarangdhar Sinha and Ramji Sinha. The last two were the step-brothers of Ram Ran Vijaya Sinha. Ramdin Sinha died in 1903, as it is now admitted, in a state of jointness with his three sons, and the coparcenary also continued till the death of Ram Ran Vijaya Sinha on October 27, 1936. Ramdin Sinha had started a printing and publishing business in Patna known as Khadga Vilas Press, hereinafter referred to as the Press, and left also vast movable and immovable properties in Patna and Ballia District. Ram Ran Vijaya Sinha had three daughters, one by his third wife and two by his fourth wife. These daughters were defendants along with the present appellant in the Court of First Instance. Ram















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