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1954 Supreme(Bom) 2

DESAI
Lalitabai Banwarilal – Appellant
Versus
Dominion of India – Respondent


Advocates:
M.V. Desai, with M.M. Desai. for Plaintiff; R.J. Joshi with G.N. Joshi, for Defendants Nos. 1 and 2; M.P. Amin, Advocate-General, with Y.B. Rege, for Defendant No. 3.

Judgement

FACTS :- The case of the plaintiff as set out in the plaint was that she was married to Banwarilal Ramswaroop, the son of a wealthy merchant of Delhi. At the time of her marriage ornaments of large value were presented to her by her relatives and these ornaments were her stridhan property. She also received some more ornaments at the time of the Maklava ceremony which took place about ten months after her marriage. When she left Bombay for Delhi after the Maklava ceremony she took away with her most of those ornaments. They remained with her in Delhi till February 1948 when she came to Bombay on account of some disturbances at Delhi and also because her father-in-law, who was suffering from tuberculosis, had asked her to go to Bombay for some time. She brought all her ornaments to Bombay and resided with her father and mother (defendants Nos. 4 and 5). Her uncle-in-law, Biharilal, accompanied her to Bombay, and he tried to secure for her a locker in a safe deposit vault in the locality of Kalbadevi. Being unable to secure a separate locker for herself the plaintiff deposited her ornaments in a locker which had already been hired by her father and which stood in the joint n





































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