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1954 Supreme(HP) 38

RAMABHADRAN
Mt. Basanti – Appellant
Versus
Pholo – Respondent


Advocates:
D.R. Chowdhary, for Appellant; H.C. Anand, for Respondent.

JUDGMENT:- This is defendants second appeal against the decision of the learned District Judge, Bilaspur, upholding the judgment and the decree of the Sub Judge of Bilaspur in a suit for possession of the landed property left by one Munshi. Munshi died issueless in 1997 Sam., and thereupon, Mt. Basanti (who is the appellant in this Court) took possession of his landed property. Thereupon, Munshis nephew Pholo (the plaintiff-respondent) filed a suit against her, seeking possession of Munshis properties on the ground that Mt. Basanti was not the widow of Munshi, but only his concubine, and therefore she was not entitled to his properties. The suit was resisted by Mt. Basanti, who contended, that she had been married to Munshi in Krewa form, and as such, was entitled to remain in possession of his properties.

2. The suit was decreed by the trial Court, and its decision was upheld by the District Judge of Bilaspur. Mt. Basanti then came in second appeal to this Court. My learned predecessor dismissed the second appeal on 1-6-51. On 11-12-52, however, my learned predecessor reviewed and set aside his earlier order (dismissing the appeal), and directed that the second appeal be reheard. T






































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