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1990 Supreme(SC) 592

P.B.SAWANT, S.C.AGRAWAL
Sitaram – Appellant
Versus
Chhotabhondey – Respondent


Advocates:
Mona Mehta, P.K.Bajaj, R.K.MEHTA, RANI CHHABRA, S.K.Bagga

JUDGMENT

S. C. AGRAWAL, J. : — This appeal by special leave arises from the judgment of the High Court of Judicature at Allahabad dated April 18, 1975, dismissing the Second Appeal filed by the appellant.

2. Teja, the common ancestor, had five sons : Nanha, Mulle, Manna, Chhota and Ram Sahai. All of them have died. Appellant Sita Ram is the son of Nanha. Mulle had a son Nokhey who died in 1953 without any issue. Respondent No. 2 Soney Lal is the son of Manna. Smt. Kailasho Devi, respondent No. 3 is the widow of Ram Sahai. Chhota Bhondey respondent No. 1, claims to be the son of Chhota which is disputed by the appellant. The dispute in the appeal relates to sirdari holdings in Khata Nos. 72 and 73 in village Sambhalpur Sheoli in the State of Uttar Pradesh. Lands in Khata No. 72 were originally entered in the names of Nanha, Manna and Ram Sahai in the revenue records and on their deaths the names of the appellant and respondents Nos. 2 and. 3 were entered. Respondent No. 3 sold her shares in these lands. The lands in Khata No. 73 were entered in the name of Nanha alone and on his death the same were entered in the name of the appellant. Consolidation proceedings under the provisions o


















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