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1960 Supreme(Bom) 39

S.M.SHAH
Sabastian Antonio Texeira and Ors. – Appellant
Versus
Rodolf Minguel Texeira – Respondent


JUDGMENT - 1. The plaintiffs, who are Christians by religion, have filed the present suit for partition of certain properties belonging to the estate of one Alex Texeira. They have also in one of the prayers in the plaint stated that if necessary the estate of the deceased Alex be administered by and under the directions of this Court. By paragraph 1 of the plaint the plaintiffs have alleged that on or about 15th November, 1898 one Alex Texeira died intestate in Bombay leaving him surviving as his only heirs and next of kin according to law his widow Anna, three sons and two daughters by the said Anna. They have further alleged that the deceased Alex Texira left immoveable properties mentioned in Ex. A to the plaint and that upon the death of the said deceased the said Anna and his three sons and two daughters became entitled to the said estate in shares mentioned in that paragraph. In several paragraphs of the plaint thereafter the deaths of some of the heirs of Alex Texeira have been referred to as also the fluctuations in the shares of the different heirs of Alex Texeira have been specified. A pedigree of the family with Alex Texeira as the common ancestor has also been annexed




















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