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1956 Supreme(Pat) 55

V.RAMASWAMI, B.P.JAMUAR, S.K.DAS, KANHAIYA SINGH
Kanak Sunder Bibi – Appellant
Versus
Ram Lakhan Pandey – Respondent


Judgment

Choudhary, J.

1. This is an application for leave to appeal to the Supreme Court. The short facts giving rise to the application are these. Pawanjai Kumar Jain and his son, Rajkumar Jain, were possessed of some properties including two houses in the town of Arrah. Under a deed of family arrangement one of the two houses was to be sold by Pawanjai Kumar Jain in order to pay off all the joint family debts and the other house was to be held by him and his son in equal shares. On 1-7-1939, Pawanjai Kumar Jain executed a deed of gift with respect to all the properties that he had at that time including his interest in the aforesaid two houses to his sister, Sri Kanak Sunder Bibi, the petitioner, who as a consideration thereof accepted the liability to pay his debts and to maintain him till his life. On 29-4-1940, Pawanjai Kumar Jain and Rajkumar Jain were adjudged to be insolvents.

One of the two houses was sold in execution of a mortgage decree for Rs. 27,000 out of which a sum of Rs. 10,700 was taken by the decree-holder towards the satisfaction of his decree and out of the remaining amount of Rs. 16,300 the Receiver realized half of the total price as being the share of Rajku








































































































































































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