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1954 Supreme(Ori) 46

PANIGRAHI, P.V.B.RAO
GANGADHAR ROUT – Appellant
Versus
SUBHASHINI BEWA – Respondent


Advocates Appeared:
A.K.TRIPATHY, B.Mohapatra, R.N.SINHA

PANIGRAHI, C. J.

( 1 ) THIS appeal arises out of a suit for a partition filed by Subhashini Devi, the widow of one Harimohan who died as an undivided member of a Hindu joint family consisting of himself and defendants 1 and 2 who are the appellants before us. Harimohan died in or about the year 1942. Items 13 to 18 of the properties mentioned in Schedule Ga attached to the plaint were purchased by defendants 1 and 2 under Exts. B to B-2 and Ex 2 between, the years 1943 to 1945. The appellants claimed that these items, which had been subsequently purchased, did not constitute the joint family property in which the plaintiff could claim a share as they were their self-acquisitions. The learned Subordinate Judge negatived this contention and gave a decree for partition in respect of all the properties, including the disputed items 13 to 18 of Schedule Ga.

( 2 ) THE only point that has been strenuously urged before us is whether these items are liable to be partitioned as joint family properties. Mr. Sinha, learned counsel for the appellants, contends that the widow is entitled to a partition of only the properties as they existed at the time of the death of her husband while the riv













































































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