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1950 Supreme(Bom) 60

N.H.BHAGWATI, Y.V.DIXIT
Vasudeo Dagadulal and Ors. – Appellant
Versus
Kankoochand Hirachand Visashrimali. – Respondent


Judgment

Bhagwati J.

1. This second appeal raises an important question with regard to the auction purchasers rights in respect of the undivided interest of a coparcener in specific property belonging to a coparcenery,

2. The plaintiff, the auction-purchaser, filed the suit against the five defendants who were the members of the coparcenary and defendant. 6 who was their mother, for a partition by metes and bounds of the moveable and immoveable properties of the defendants, for the ascertainment and separation of the one-fifth share of his judgment-debtor, defendant 8, in the moveable and immoveable properties of the family and for allotment to the share of defendant 3 of the property in suit which he had purchased at the auction sale and for a declaration in accordance with the partition that he had the right to maintain possession of the property in his capacity as absolute owner thereof, for costs and further and other reliefs Defendants 1 to 5 filed their written statement in which they; contended inter alia that the plaintiff was not entitled to the relief which be claimed in regard to the property in suit, that defendant 3 had only a one seventh undivided share in the joint fa































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