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1979 Supreme(P&H) 134

PREM CHAND JAIN, D.S.TEWATIA
Ibrahim – Appellant
Versus
Sharifan – Respondent


Judgment

1. Ibrahim, plaintiff-appellant is the brother of Smt. Sharifan alias Shanti, defendant-respondent. Their father Akbar and uncle Bhiku were occupancy tenants. After the coming into force of the Occupancy. Tenants (Vesting of Proprietary Rights) Act, they became owners of the land in dispute. During the year 1947, when communal disturbances broke out, Akbar and other members of the family adopted Hindu names so that they could remain safe during the disturbances. Akbar died in the year 1957 and the mutation of inheritance was sanctioned treating the parties as Hindus in favour of the plaintiff, the defendant and their mother Nanhi in equal shares. Smt. Nanhi died in the year 1966 and the mutation of her inheritance was sanctioned in favour of the plaintiff and the defendant in equal shares. On the death of Bhiku, the uncle of the parties, the mutation of his inheritance was again sanctioned in favour of the plaintiff and the defendant in equal shares. The defendant had started living in village Kambohpura a few years earlier to the institution of the suit. The plaintiff claims himself to be in exclusive possession of the land inherited from Akbar and Bhiku, including the sha









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