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1969 Supreme(Bom) 49

V.M.TARKUNDE, N.P.NATHWANI
Mariumbi Aslamkhan and Anr. – Appellant
Versus
Vithoba Yeshwanta. – Respondent


JUDGMENT - Tarkunde, J.

1. This is a plaintiffs appeal against a decree passed by the Civil Judge, Senior Division, Bhir, dismissing a suit filed in forma pauperis for possession and mesne profits of a number of agricultural lands. The lands are situate at village Patharwala Bujurg in the Bhir district They are about 196 acres in extent and are assessed at about Rs. 285/-.

2. The lands originally belonged to the ancestors of some of the defendants, particularly defendants Nos. 1, 2, 6, 7 and 8. They were, however, in the possession of one Din Mohammed Khan and his brother Fakir Mohammed Khan and the latters sons Aslamkhan and" Mominkhah for a period of more than 20 years before 1948. The first plaintiff is the wife of the said Aslamkhan, the son of Fakir Mohammed Khan. The second plaintiff is a minor daughter of the first plaintiff. Two or three months prior to the Police Action (which took place in September 1948); Fakir Mohammed Khan and his sons Aslamkhan and Mominkhan were murdered and their house was looted and burnt. Fakir Mohammed Khans brother Din Mohammed Khan had been murdered sometime earlier. At the time of the murders of Fakir Mohammed Khan, Aslamkhan and Mominkhan, the


































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