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1963 Supreme(Pat) 140

TARKESHWAR NATH, H.MAHAPATRA
Manickchand Sao – Appellant
Versus
Bhagwan Das – Respondent


Judgment

Tarkeshwar Nath, J.

1. This appeal is by defendants 1 to 3. The minor plaintiff instituted a suit giving rise to this appeal through his mother Mostt. Jichhia as his guardian for partition of his half share in the properties described in the plaint. According to him, one Balchand Sao had two sons, Nemchand Sao and Lachhman Sao. Nemchand left two sons, namely, Chamari Sao and Hira Lal Sao. Lachhman Sao left no issue and similar was the position with Hira Lal Sao. Chamari Sao left two sons, Ramdhani Sao and Mohan Chand Sao. Mossammat Sahodri was the widow of Ramdhani, Mossammat Kausaliya Devi (Defendant 2) is the widow of Mohan Chand Sao who died on 22-3-1947. Mohanchand had one son Manick Chand Sao (defendant 1) and a daughter Shanti Devi (defendant No. 3) through his married wife (defendant 2). Mohanchand kept in his house Mostt. Jichhia, the mother of the plaintiff, as concubine and the plaintiff was a dasiputra of Mohanchand. During the life-time of Mohan Chand Sao, Ramdhani Sao and others died one after another and Mohan Chand got all the properties by survivorship and he came in possession of all the properties belonging to this family. Mohan Chand died leaving behind t






























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