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1988 Supreme(Raj) 163

S.S.BYAS
Dropdi Devi – Appellant
Versus
Jagdish Chandra – Respondent


Advocates Appeared:
H.M. Pareekh, for Appellants; L.R. Mehta, for Respondents

S.S. BYAS, J. — This civil second appeal was filed by defendant Kanhaiya Lal, against whom the plaintiff-respondents suit for cancellation of documents and recovery of possession over the immovable properties and mesne profit was decreed by the two courts below. Kanhaiya Lal passed away during the pendency of the appeal. As such, his legal representatives were brought on record and substituted in his place. The appeal is now being continued and prosecuted by his legal representatives.

2. In this appeal, an interesting question of Hindu Law, relating to the right of a purchaser of an interest of a co-parcener in the joint family property- is involved. There is no judicial pronouncement of our High Court on the point involved.

3. The respondents are the heirs and descendants of one Bhagwati Lal Kayastha, as set-out in the pedigree mentioned in paral of the plaint Plaintiff Smt. Phool Kanwar is the widow of Bhagwati Lal. Bhagwati Lal had one son Heeralal. Plaintiff Smt. Pam Kanwar is the wife of Heeralal while the other respondents are his sons and daughters. Smt. Phool Kanwar, Smt. Pam Kanwar, Jagdish Chandra and Ashok Kumar instituted a suit against defendant Kanhaiya Lal, impleading































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