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1985 Supreme(Raj) 345

G.M.LODHA
Kali – Appellant
Versus
Smt. Ganga – Respondent


JUDGMENT

1. :- This is a family feud between two sisters Mst. Kali and Smt. Ganga about a house in which admittedly Smt. Ganga was living.

2. Plaintiff Smt. Kali along with others filed this suit for possession of the suit room and for mesne profits alleging that this house belonged to Bhajja and was gifted by his wife Smt. Champa to Smt. Kali. The plaintiffs case was that they were living in this house for 45 years. Smt. Champa executed gift-deed in favour of plaintiff on September 10, 1947 and it was got registered.

3. According to the plaintiff, the husband of the 'defendant was ailing and, therefore, the defendant asked the appellant-plaintiffs to give one room, the description of which is given in para 3 for the purpose of living. The husband of the respondent had died in Samvat 2024 but the defendant did not hand over possession back to the plaintiff even on demands. This resulted in registered notice by the plaintiff to defendant.

4. The defendant denied that the suit room belonged to Bhajja or that the possession was given to respondent-defendant by the appellant. According to them, the suit room belonged to Soda brother of Gajja & it was inherited by Gajja & Champa. Appellant
























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