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2001 Supreme(Bom) 579

D.Y.CHANDRACHUD
Rita Premchand & another – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - Dr. D.Y. CHANDRACHUD, J.:---The first petitioner claims to be the owner of two plots of land at Manori bearing Survey Nos. 267 and 268. The lands are stated to admeasure approximately 18 acres and 6 gunthas and are separated by a piece of land bearing Survey No. 260. The claim of the petitioners is that these lands were the ancestral lands of the first petitioner. The claim is that, under a Deed of Conveyance dated 25th February, 1899, the lands came to be purchased by Mr. Premchand Roychand from Hirjeebhai Manekjee Vasanwala. According to the petitioners, these lands were thereafter bequeathed by Premchand Roychand to his son Kikabhai Premchand, from whom in turn the lands devolved upon his brother Maneklal. Maneklal is stated to have bequeathed these properties to his wife Tara Premchand. The first petitioner is the daughter-in-law of Tara Premchand, while the second petitioner is the daughter of the first petitioner. In support of the plea of being lawful owners of the lands bearing Survey Nos. 267 and 268, the petitioners have relied upon a compilation of documents, inter alia, consisting of a copy of the indenture dated 25th February, 1899 and the Probates of the Wi










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