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1980 Supreme(Bom) 153

SHARAD MANOHAR
Kaddeeranbi – Appellant
Versus
Fatimabi – Respondent


Advocates:
R.M. Agrawal with R.G. Deo, for Appellants; S.M. Hussein, for Respondents Nos.1 to 8.

JUDGEMENT :- The question involved in this First Appeal is really speaking a very short one. The appellants before me are the original plaintiffs, who had filed a suit for partition and recovery of their share in the properties left by one Fate Sherkhan, husband of plaintiff No. 1 and father of the remaining plaintiffs. Practically the entire suit of the plaintiffs has been decreed. Only the plaintiffs' claim for share in house No. 1-15-101 situate at Deodi Bazar Chowk, Aurangabad, has been negatived. For the sake of convenience the said house bearing No. 1-15-101 will be referred to hereinafter as the 'suit house'. The present appeal by the plaintiffs relates to the claim pertaining to the suit house.

2. It will be useful setting out the relationship of the parties at this stage. Fate Sherkhan had 3 wives: (1) Fatimabi, who was defendant No. 1 in the lower Court, (2) Kadeeranbi, who was plaintiff No. 1 in the lower Court, and (3) Bholibi, who was dead before the Suit. Daughter of Bholibi is Rasheedabi, who was defendant No. 8 in the lower Court, Kadeeranbi, plaintiff No. 1, has five children from said Fate Sherkhan. They were plaintiffs Nos. 2 to 6 in the lower Court. Fatimabi, def























































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