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1954 Supreme(Pat) 132

BANERJI, RAI
Gopal Choudhary – Appellant
Versus
Sundari – Respondent


Judgment

Rai, J.

1. Dulhin Sitali and her son, Ram Ekbal Singh, minor, instituted, in the court of the Munsif, 1st Court, Arrah, title suit No. 50 of 1946 for a declaration that the registered deed of sale and the deed of gift, dated 21-1-1946, executed by Mt, Sanichari in favour of Gopal Chandhari, defendant1, and Dulhin Bas Kuer, defendant 2, respectively, were illegal, without jurisdiction, null and void and inoperative and not binding on the plaintiffs who were the next reversioners to the estate of Ramlal Chaudhari. The plaintiffs gave the following genealogy of the family of Ramlal Chaudhari;

277.htm

According to the plaintiffs, Ramlal Chaudhari was the last surviving male member of the joint family, and after his death his entire inheritance had devolved on his wife Mt, Saniehari. Plaintiff 1 claimed to be the daughter of Mt. Sunichari and plaintiff 2, Ram Ekbal Singh, claimed to be her daughters son. In the suit the plaintiffs impleaded, apart from the transferee, Mt. Sundari, widow of Ram Ratan Chaudhari, and Kesho Chaudhari, daughters son of Ram Ratan as defendants 4 and 5.

2 The suit was contested by the defendants. Several sets of written statements were filed. Defendant


























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