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1935 Supreme(SC) 46

Bhagwan Bakhsh Singh and another – Appellant
Versus
Mahesh Baksh Singh and others – Respondent


Advocates Appeared:
H. Shephard, P.V. Subba Row, L. DeGruyther

Sir John Wallis:-

In this case Bhagwan Baksh Singh, plaintiff 1, hereinafter referred to as the plaintiff, who gives his age as 21, instituted the present suit on 7th March 1929, to recover possession with mesne profits of the share of Chatarpal Singh, his mother's husband, in the suit properties belonging to the joint family of which Chatarpal was a member, impleading defendants 1 and 2, who are surviving members of the joint family, and defendants 3 and 4, who are widows of deceased members. To raise money for this litigation he has alienated a half share of the properties in the suit to Thakhur Mahadeo Singh, plaintiff 2. It is not now in dispute that at the time of the plaintiff's birth, his mother, Mt. Dilwant Kuer, the daughter of Nakched Singh, was the lawfully married wife of Chatarpal Singh, but it is alleged by the defendants in the written statement that, before the gauna or consummation ceremony, it came to light that Chatarpal's wife was pregnant as the result of an illicit connexion, that consequently she never came to Chatarpal's house, the gauna ceremony never took place, and Chatarpal and his wife never lived together as husband and wife. It is further alleged that












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