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1973 Supreme(SC) 120

J.M.SHELAT, S.N.DWIVEDI, Y.V.CHANDRACHUD
Ram Prakash – Appellant
Versus
Mohammad Ali Khan – Respondent


Judgment

DWIVEDI, J. :- In this appeal the bone of contention is a certain zamindari grove. The grove belonged to a number of co-sharers. But in a partition it fell to the share of one Sakhawat Ali and one Hafiz Ali. On 16-2-1946 Hafiz Ali executed a composite document of lease and sale in favour of the appellant, Ram Prakash. He let out his share in the grove land and sold his share in the standing trees to Ram Prakash. On the same day another similar document was executed in favour of the appellant by Smt. Abbasi widow of Sakhawat Ali. She executed the document for self and as guardian of her minor sons and daughters. The document was in respect of her share and her children s shares. Subsequent to the execution of those documents the proprietary right of some other co-shares (presumably some successors of Sakhawat Ali) in the grove land was sold to one Mohammad Ali. The appellant instituted a suit some time in 1946 against Mohammad Ali and others for injunction and alternatively for possession over the grove. Some time in 1947 Mohammad Ali and others also instituted a rival suit for cancellation of the aforesaid leases. Their case, was that the leases were invalid as S. 246 of th







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