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1957 Supreme(Pat) 13

V.RAMASWAMI, RAJ KISHORE PRASAD
Mt. Dhanwantia – Appellant
Versus
Deonandan Mahto – Respondent


Judgment

1. In the suit which is the subject-matter of this appeal the plaintiffs alleged that they were the sons of Bujhawan Manto who was the brother of Khublal Mahto who married two wives, Mosammat Murdani and Mosammat Lakhminia, defendants 3 and 4. Khublal had two daughters, Tapeshwari and Dhanwantia, defendants 1 and 2, through his wife Mosanimat Murdani, The plaintiffs alleged that Bujhawan and Khublal died on the 2nd of August, 1938, and, as the family was joint, the plaintiffs claimed that they were entitled to the whole of the joint family property.

The plaintiffs stated that the widow of Khublal, Mosammat Murdani, filed a complaint of a criminal offence against the plaintiffs and there was a compromise petition filed in that case on the 22nd of December, 1938. In paragraph 4 of the compromise petition the plaintiffs agreed to give 7.43 acres of Kast nakdi land and one house described in schedule 3 of the plaint to defendants 3 and 4 for their maintenance and there was a stipulation in the compromise petition that the defendants 3 and 4 would not alienate or transfer the properties given.

The plaintiffs further alleged that on the 23rd of January, 1946, defendants 3 and 4 s




















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