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1950 Supreme(Raj) 142

BAPNA, GUPTA
Gulab – Appellant
Versus
Lal Mohammad – Respondent


Advocates Appeared:
Prakash Chandra, for appellants; Harakhlal, for respondents

Gupta, J.—The first respondent in this second appeal had filed a suit in the court of the Judicial Superintendent, Jodhpur City for partition and separate possession of his share in a house situated in the city of Jodhpur and described in para 2 of the plaint against the three appellants, the remaining six respondents and one Husain who has not been made a party to this appeal. The table given below shows the relationship between the parties as alleged by the plaintiff:—

Kasam


Piru



Ghisu Subrati Azim alias Nena



Anu Bhura Allah Rakh (said to have come in adoption)



NabuD7 IlahibuxD8 RamzanD9 KasamD10


Allahbeli|| Mahmud (D4) Issac|| Allahrakh is said to have gone in adoption to Azim Lal Mohd.Pltf.




Gulab Musa Usman

Khudabux(D5) Husain(D6)

2. Excepting the adoption of Allah-rakh by Ajim, which was disputed by the appellants, the above table is admitted by the parties.

3. The plaintiffs case was that the house in dispute was purchased by his great grandfather Kasam and that the parties to the suit and before them their forefathers had been living in it as joint owners since its purchase. It was alleged by the plaintiff that at the time of its purchase the house in dispute
















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