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1977 Supreme(Bom) 136

SHAH
Ratan – Appellant
Versus
Bisan Ramchandra Pardeshi – Respondent


Advocates:
L.V. Kapse for S.J. Deshpande, for Applicant in C.R.A. No. 235 of 1977 and for Opponents in C.R.A. No. 401 of 1977; A.M. Dabir, for Opponent in C.R.A. No. 235 of 1977 and for Petitioner in C.R.A. No. 401 of 1977.

ORDER :- These two revision applications arise out of an application filed by Bisan the son of Ramchandra Pardeshi against his uncle Deochand Bisan Pardeshi under S. 41 (3) of the Guardians and Wards Act, 1890, for recovery of possession of the moveable and immoveable property on the ground that the latter was put in possession of the property as his guardian and on attaining majority he was entitled to get possession of his property from his uncle Deochand.

2. Revision Application No. 235 of 1977 has been preferred by Deochand and Revision Application No. 401 of 1977 has been preferred by Bisan, who claims possession of the property.

3. The facts in so far as they are material may be stated thus. On the death of the father of the applicant Bisan, his mother Kashibai got remarried in about the year 1952. At the time of the death of his father, his son was only 2 years old, and Kashibai's remarriage took place within a year after the death of his father. In the circumstances, he was brought up and maintained by his paternal aunt Ramiyabai. It is the case of the applicant that his father Ramchandra left behind him agricultural land bearing Survey No. 102 and a house bearing Gram Pancha


























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