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1985 Supreme(SC) 208

O.CHHINNAPPA REDDY, R.B.MISRA
Brahmvart Sanathan Dharam Mahamandal, Kanpur – Appellant
Versus
Prem Kumar – Respondent


Advocates:
A.S.PUNDIR, B.P.MAHESHVARI, Dhirendrajit Singh, J.P.GOYAL, M.P.Jha, MAHFUZ KHAN, RAGHUNATH SINGH, Rajesh Agarwal, S.S.Khanduja, T.C.SHARMA, V.K.S.Chaudhary, V.K.VARMA, V.V.Mishra, VINU BHAGAT, Y.P.DHINGRA

Judgement

MISRA, J. :- These appeals by certificate are directed against the common judgment and order of the High Court of Judicature at Allahabad dated May 14,1963, As the appeals raise common questions of fact and law they are being disposed of by a common judgment.

2. The circumstances leading up to these appeals are as follows, One Lala Gurdin acquired considerable landed property in villages Patara, Mubarakpur Lata, Madanpur, Gosra and Jeora Nawabganj in Kanpur. He had no male issue. He died on December 10, 1861 leaving behind his widow Smt. Amrit Kuer and three daughters: Smt. Hazaro, Kuer from his predeceased wife, and Smt. Mewa Kuer and Smt. Prago Kuer from Smt. Amrit Kuer, After the death of Gurdin his entire estate came into the hands of his widow, Smt. Amrit Kuer. Amrit Kuer also died on August 1, 1880. During her lifetime she made certain alienations but those alienations are not relevant in the present appeals. After her death the three daughters of Lala Gurdin succeeded to the estate left by Smt. Amrit Kuer, as limited owners. Soon after the succession the three daughters divided the property amongst themselves and they came in possession of one-third share each, When



































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