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1948 Supreme(SC) 31

Durga Prasad and another – Appellant
Versus
Ghanshiam Das and others – Respondent


Advocates Appeared:
I.L. Wilson and Co., Neville, Barrow Rogers, Yad Ram, Nevill, Barrow Rogers, Ghanshiam Das, Gavin Simonds, S.P. Khambatta, C.S. Rewcastle, Yad Ram, Dingle Foot, Mt. Har Piari, Gaya Prasad, Durga Prasad, J.M.R. Jayakar, A.G.P. Pullan

Lord Simonds.-

These consolidated appeals from a judgment and decree of the High Court of Judicature at Allahabad, which varied a judgment and decree of the Subordinate Judge at Aligarh, have involved the close scrutiny of a large number of documents covering a long period of years. In this task their Lordships have been greatly assisted by the diligent researches of counsel for the appellants, but after a careful consideration of all the material before them they have come to the conclusion that no sufficient reason has been shown for displacing the judgment of the High Court.

[2] The appeals raise the question in broadest outline whether there has been a separation of an undivided Hindu family of which the common ancestor was one Bhawani Das, who died very many years ago. The family and the parties to the suit out of which these appeals arise can be conveniently seen in the following pedigree :

Bhawani Das

Girdhari Lal (died 1864) Kashi Ram (died 1885) Chain Sukh. Mohan Lal Tika Ram

Matru Mal (died 1918) Behari Lal (died 1902)

Yad Ram, Ghanshyam Das,

Defendant No. 6, Defendant No. 7,

(adopted, 11 - 7 - 13) (born 1915)

Chet Ram (died Basdeo Prasad Bhimsen Tola Ram,

before 1902. or Sahai (di





































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