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1982 Supreme(Guj) 193

N.H.BHATT
ALARAKHA ALI – Appellant
Versus
SINDHI IBRAHIM KASAM – Respondent


Advocates Appeared: D.D.Vyas, GOVIND V.PATEL, K.M.CHHAYA

N. H. BHATT, J.

( 1 ) THIS is an appeal by the original defendants Nos. 1 to 1 (4) and the defendant No. 3 of the regular civil suit no. 87 of 1973 filed by the respondent No. 1 Ibrahim Kasambhai for partition of the properties of one Keshar Ahmed the common predecessor of the parties. The learned trial Judge passed the following order:" It is hereby declared that the pltf. and deft. No. 5 Ismail Kasam each has share of 5. 21 ps. in a rupee in the suit S. Nos. 254/1 and 254/2. She branch of Ali Amad (i. e. present deft. Nos. 1a to 1d collectively) has a share of 50 ps. in a rupee in the suit S. Nos. It is further declared that deceased deft. No. 2 Khatija has a share of 8. 59 ps. in a rupee in the suit sec. Nos. It is further declared that Aba Keshar deft. No. 3 has share of 14. 59 ps. in a rupee in the suit sec. Nos. and also that deft. 6 Noorbai and Deceased Mariam the mother of deft. No. 7 each gets 7. 29 ps. in a rupee as their respective shares in the suit S. Nos. Ashabai the mother of the plaintiff has also a share of 1. 83 ps. in a rupee in the suit sec. Nos. As the suit lands are agricultural lands the Collector Junagadh District Junagadh be appointed to effect partition of










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