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1977 Supreme(Guj) 25

B.K.MEHTA
MALEK BAVAJI AMARKHAN – Appellant
Versus
BAI SONBAI – Respondent


Advocates Appeared: P.J.VYAS, V.M.CHOKSI, V.V.MEHTA

B. K. MEHTA, J.

( 1 ) THE petitioners mother Rangbai is one of the three daughters of one Sataji Bhimjikhan; the other two being Hirbai and Ladbai. This Rangbai filed a suit for partition of the estate of her father against the heirs of her aforesaid two sisters. Original defendant No. 1 is the sons son and defendants Nos. 2 to 4 are the sons daughters of the aforesaid Hirbai. Defendant No. 5 is the daughters daughter of Hirbai while defendant No. 6 and 7 are the sons and defendants Nos. 8 and 9 are the daughters of Ladbai. The plaintiff Rangbai died during the pendency of the suit and therefore the present petitioner was brought on the record as her heir and legal representative. Similarly original defendant No. 1 Amirkhan Salimkhan died during the pendency of the suit and his mother Sonbai and his widow Ajubai and his four daughters Manubai Kasubai Ranbai and Rembai and two sons Fatehmohmad and Hanji were brought on the record as respondents Nos. 1 (a) to 1 (h) respectively It should be noted that defendants Nos. 2 to 9 supported the plaintiff in her claim for partition of the estate. It was only defendant No. 1 Amirkhan who contested the suit in his written statement filed in the









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