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1971 Supreme(Raj) 55

LODHA
Krishna Kanwar – Appellant
Versus
Brijmohan – Respondent


Advocates Appeared:
R.S. Khejriwal, for Appellants; R.K. Rastogi, for Respondents

LODHA, J.—The following pedegree may be helpful in understanding the facts relevant for the decision of this appeal:—

Mohanlal



Girdharilal(issuless) Kanhiyalal Biharilal Gerilal(died issveless)



Brijmohan Gopal



Krishanlal Sunderlal Ganeshlal


Govindlal

2. Brijmohan and Gopal filed a suit on 8-12-1954 in the court of Munsiff (East) City, Jaipur against Ganeshlal and Govind for possession of one tin shed over the Jharoka in the first floor and a Gotha in the ground floor of a house situated in the Chowari Ramchanderji, Jaipur, alleging that the house in question was the ancestral property of Mohanlal gone in adoption to his maternal grandfather Devishanker on 13-9-1879. It was averred that Kanhiyalal and his wife died during the life-time of Mohanlal and at the time of Kanhiyalals death all his three sons, namely, Krishanlal, Sunderlal and Ganeshlal ware minors and consequently Mohanlal, their natural grand-father, started looking after them, and they also used to mess and reside with Mohanlal, and thus, according to Brijmohan and Gopal, the defendants were in permissive occupation of the apartments in dispute. It was further stated that Krishanlal and Sundrlal died issuel























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