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1949 Supreme(Bom) 16

CHAGLA, WESTON, DIXIT
Natvarlal Punjabhai – Appellant
Versus
Dadubhai Manubhai – Respondent


Advocates:
R.J. Thakor and N.C. Shah - for Appellants. A.G. Desai and D.V. Patel - for Respondents 1 and 2, respectively.

Judgement

FACTS :- The patties to the suit are represented in the following genealogical table :

One Jijibhai had two sons, Tribhovan and Kashibhai. Tribhovan who died before 1914 had a son Mathurbhai who died in 1924 leaving a son Punjabhai. The Deputy Nazir was appointed as the guardian of Punjabhai on 29th November 1924, and he went into possession of the family property in 1925. Punjabhai attained majority in 1929. Punjabhai died in 1931 leaving two sons Natvarlal and Kavjibhai (defendants 1 and 2). The Deputy Nazir was appointed as the guardian of the property of defendants 1 and 2. Kashibhai died in 1914 leaving a son Shantserbhai and a daughter Ruxmani. Shankerbhai died in 1922 issueless, leaving a widow Kashibai (defendant 3). Ruxmani died leaving two sons, Dadubhai and Rajnikant (plaintiffs 1 and 2).

Defendant 3 filed a suit in 1926 alleging that she had adopted one Shivabhai in 1924 and claimed that he was entitled to half the share in the joint family property and for partition and possession. This suit was dismissed in 1927, the Court holding that the adoption was invalid.

Ruxmani filed a suit in 1930 for a declaration that she was the next reversioner of Shankarbhai and al




























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