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1971 Supreme(SC) 210

J.M.SHELAT, V.BHARGAVA, I.D.DUA
Shambhu Prasad Singh – Appellant
Versus
Phool – Respondent


Advocates:
D.GOVERDHAN CHARY, D.P.Singh, N.Nettra, R.GOBURDHAN, RAMAMURTHI, S.V.Gupta, Udaipratap Singh

Judgment

SHELAT, J.:- Two questions arise in this appeal. The first is whether the transaction evidenced by Ex. 1, dated March 20, 1915 was a family arrangement so as to confer on the appellant and his father, Nanhku Prasad, since deceased, title to a half share in the house in dispute. The second is that even if it was so, whether such title became extinguished as a result of adverse possession for the statutory period by Baijnath, the deceased husband of respondent 1.

2. The parties are near relations. The following genealogy explains the relationship amongst them:

3. There is no dispute that Amar Singh purchased from his own funds under a registered deed, dated January 20, 1898, the land on which the house in dispute stands. His son, Nanhku, the deceased father of the present appellant, was taken in adoption sometime prior to March 20, 1915 by Ramji Singh and his wife Patreja Kuer as they had no issue, whereupon Nanhku ceased to have any interest in the properties owned by Amar Singh and his branch. In 1933. Nanhku and the present appellant, than a minor, filed Suit No. 33 of 1933 against Sonadhari, Tarkeshwar, Baijnath and Reshmi Kuer (the widow of Amar Singh, wrongly described by
















































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