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1993 Supreme(Gau) 175

M.SHARMA
Dwijabrata Das and others – Appellant
Versus
Debabrata Das and another – Respondent


Advocates Appeared:
D. Das, S. Das, Miss G. Das, Mr. S. Sarma, Satyajit Sarma, S. B. Choudhary, S. R. Sen, Smt. T. Yangi

Judgement

This first appeal has been preferred by the defendants against the judgment and decree passed by Assistant District Judge, Shillong in TS (Partition) No. 12(H)/1987.

2. Plaintiffs and defendants are the joint owners of the property in dispute situated at Jail Road, Shillong measuring approximately 9689 sq. ft. covered by plot No. 10(1), pata No. 59 issued by Deputy Commissioner, United Khasi and Jaintia Hill Distict, Shillong dated 19-12-1969. Predecessor in interest of both the parties of the property was Late Raibahadur Dinesh Chandra Das who died on 18-10-(sic). According to Hindu Law of Succession then preventing, property devolved on both the parties as legal heirs and the same was jointly inherited by the successors, including the wife (acquired life interest) of the predecessors in interest who was the mother of the parties. The mother of both the suit parties died in 1973 and the property devolved to the sons and daughter in law who became the owner of the 1/6 th share of the entire property. Share of the mother, who also benefited after the Hindu Succession Act came into force in 1956, devolved to the daughters, along with five some of her. After her death the fiv



























































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