ABHAY S. OKA, UJJAL BHUYAN
M. Radheshyamlal – Appellant
Versus
V. Sandhya – Respondent
JUDGMENT :
ABHAY S. OKA, J.
1. Leave granted.
FACTUAL ASPECTS
2. These appeals arise out of three separate suits. For convenience, we are referring to the parties with reference to their status in Original Suit No. 12091 of 2010 (Civil Suit No. 331 of 1996). The appellant is the plaintiff in the said suit. The respondents in Special Leave Petition (C) No. 19060 of 2014 are the defendants in the said suit.
3. It is not in dispute that one Sungani Bai (Sukri Bai) was the original owner of the suit property who died in the year 1947. Sungani Bai (the original owner) executed a registered settlement deed dated 1st December 1945. She settled the suit property by the said settlement deed in favour of three persons: Gopu Bai, Abbey Karan Joshi and Vijay Kishan Bohra. It is not in dispute that the original owner died intestate without leaving any legal representatives. As per the settlement deed, it was provided that 1/3rd share in the suit property was given to Gobu Bai for her life and then to her two daughters for their lifetime. It was provided that after their demise, 1/3rd of the share would pass on to their male children. The daughters of Gobu Bai died, leaving behind them Radhe Shyam,
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