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1980 Supreme(Bom) 181

R.D.TULPULE, M.R.WAIKAR
Kamlabai w/o Ishwar Pujari and others – Appellant
Versus
Shantirai w/o Lalitmohan Rai and others – Respondent


Judgment

Tulpule J.-One Gaurishankar Shrivastava, who retired as a Director of the Veterinary Department in the former Central Provinces, possessed property house No. 750 in Khare Town, Dharampeth, Nagpur. The house consisted of the main building bearing Nos. 750/1 to 3 and the garage and out-houses in the said plot bearing No. 750/4 to 8. Gaurishankar had purchased a plot upon which he constructed this main building, out houses and the garage. The sale-deed was dated 23rd April 1938 by which he purchased this plot admeasuring 120 x 150 feet, nearly 20,000 sq. feet.

2. Gaurishankar had a brother by name Dayashankar. Family of Gaurishankar and Dayashankar appeared to be not in comfortable circumstances and had very little immovable property of their own. It was only after Gaurishankar entered Civil Service and rose to the post of a Director that he acquired the property in suit. Dayashankar apparently was maintained by Gaurishankar and did not do anything. He had 3 sons Lalitmohan, Rammohan and Shyammohan, who were looked upon almost as his sons by Gaurishankar.

3. Gaurishankar died on 28th October 1957 leaving behind his widow Rajrani and his nephews as aforesaid. Prior to his death,































































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