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1961 Supreme(Bom) 57

VASANTI A.NAIK
Namdeo Govind and Ors – Appellant
Versus
Mumtaz Begum – Respondent


JUDGMENT - 1. This appeal arises out of a suit filed by the plaintiff as the alienee from one of tie coparceners against the coparceners and the members of the joint Hindu family for general partition. The material tacts are set out below: Govinda nad a wife Kashibai and four sons, saknaram, Namdeo, Hanmant and Bhanuaas. On 20-3-1940, Govinda passed a sale- deed in respect of house No. 101 in tavour of the plaintiff tor a sum of Rs. 795/-. Tne four sons of Govinfla filed a suit, (Civil Suit No. 94-A of 1951), against the original plaintiff for possession of the sun house alter setting aside the alienation effected by the father. GovinSa was a party to the suit. The suit was decreed on 3-5-1951 and the plaintiff preferred civil appeal No. 51-A of 1951. Tne appeal came to be dismissed on 6-9-1952. Exhibit P-1 is a copy of tha judgment in that appeal. While dismissing the appeal am appellate court allowed four months time to the plaintiff for vacating the premises. The appellate Court suggested that, in tne meantime, the plaintiff may the a suit tor general partition which was the only way of obtaining the property purchased from one of the coparceners. Accordingly, on 3-11-53 the pla




















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