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1962 Supreme(SC) 143

K. SUBBA RAO, A. K. SARKAR, J. R. MUDHOLKAR
Radhakrishnadas – Appellant
Versus
Kaluram – Respondent


Advocates:
ACHHRU RAM, GANPAT RAI, M.I.KHVAJA, S.P.SINHA, YOGESHAR PRASAD

Judgment

MUDHOLKAR, J. : This is an appeal by certificate from the decree of the High Court of Nagpur dismissing the appellant s suit for setting aside sale of two villages mauza Amaldihi and mauza Gondkhami situate in Mungali tehsil, district Bilaspur.

2. It is common ground that the two villages, along with several others, were the joint family property of the appellants and their father the third defendant, Gorelal. On April 8, 1944 Gorelal, acting for himself and as guardian of his minor son Balramdas, appellant No. 2 and Radhakrishnadas, appellant No. 1, describing himself as a major executed a sale-deed in favour of two persons, Pandit Ramlal, son of Motiram, defendant No. 2 and Kaluram the first defendant for a consideration of us. 50,000. It was stated in the sale-deed that the executants were transferring full 16 annas interest in the village Amaldihi and Gondkhami together with sir and khudkast lands, grass, kothar, padia, gochar, rivers, brooks, wells, tanks bandkies orchards and gardens and houses and the like as well as the cultivated and the uncultivated lands in the village with all the rights and privileges." The entire sixteen annas share in mauza Gondkhami and twelv













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