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1995 Supreme(Bom) 15

V.S.SIRPURKAR
Sarladevi widow of Kundanlal – Appellant
Versus
Shailesh s/o Gourishankar Namdeo and others – Respondent


JUDGMENT

V.S. SIRPURKAR, J. :---This second appeal is filed by the original plaintiff and thereby she challenges the concurrent judgments of the trial as well as the Lower Appellate Courts dismissing her suit.

2. This was a suit for declaration and permanent injunction. By this civil suit, the plaintiff had sought a declaration that she could not be evicted without following the due process of law from plot No. 18 described in schedule appended to the plaint. She had also sought an injunction against the defendants restraining them permanently from dispossessing her from the suit property. In short, the plaintiff had contended that she was a widow of one Shri K.L. Bandawar who was a member of the Income Tax Employees Co-operative Society Limited, Mound Road, Nagpur (hereinafter referred to as 'the Society'), being its share-holder. She had contended that the Society had acquired about 9 acres of land for forming the plots therein to be sold to its members. Her husband had paid a sum of Rs. 2,000/- on 13-12-1965, vide Receipt No. 223 wherein Rs. 50/- were deposited towards the costs of the share and the remaining amount of Rs. 1,950/- was deposited towards the cost of the plot. She co






























































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