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1972 Supreme(Guj) 61

A.A.DAVE
VIDYABEN WD/o NANDSHANKAR VISHVANATH BHATT – Appellant
Versus
JAGDISHCHANDRA NANDSHANKAR BHATT – Respondent


Advocates Appeared: G.N.DESAI, V.H.BHAIRAVIA, V.P.Shah

A. A. DAVE, J.

( 1 ) THIS appeal is directed against the judgment and decree the learned Judge City Civil Court 7 court Ahmedabad declaring that the deceased Nandshanker Vishvanath Bhatt had left the suit immovable property viz. Shanker Niwas as the Joint Hindu family property in his hands and that the plaintiff and defendants Nos. I to 5 were each entitled to claim 1/18 share from out of 1/3 share of deceased in the aforesaid joint family property and that over and above his 1/18 share defendant No. 1 was also entitled to have remaining 2/3 share in the suit immovable property as surviving coparcener on the death of the deceased

( 2 ) THE facts giving rise to this appeal briefly stated are as under :- The present appellant Vidyaben is the widow of Nandshanker Vishvanath Bhatt. She was the second wife of the said Nandshanker Bhatt and defendants Nos. 4 and 5 are the two daughters born of that marriage. Defendant No. 1 is the son of Nandshanker Bhatt and defennos. 2 and 3 are the daughters of the deceased born by his predeceased first wife. Nandshanker died on 16-1-1960 at Ahmedabad leaving behind him surviving the plaintiff and all the defendants. He left the immovable property known












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