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1959 Supreme(All) 144

V.D.BHARGAVA, B.N.NIGAM
MONOHARLAL – Appellant
Versus
SRI PREM SHANKAR TANDON – Respondent


Advocates Appeared:
B.K.DHAON, M.L.Trivedi, MAHABIR PRASAD SRIVASTAVA, SHAILENDRA MISRA, SHIV GOVIND TRIPATHI, UMESH CHANDRA SRIVASTAVA

V. D. BHARGAVA, J.


( 1 ) THIS is an application for taking proceedings for contempt of court. The application purported to be under Sections 2 and 3 of Act XII of 1926 which actually has been repealed and replaced by Act XXXII of 1952.

( 2 ) THE facts of the case are that there was one Munshi Ram Sewak who died on 3-5-1910, He was succeeded by his widow Srimati Sukhraj Kuer who was recorded in the khewat as his successor. She adopted Satgur Prasad, opposite party No. 5, as a son to her husband and on 5th november, 1919, executed a deed of adoption in his favour. After the execution of this deed satgur Prasad was recorded in the khewat in the year 1920. Manohar Lal (applicant No. 1), manna Lal, Bachchu Lal, Ganga Prasad and Raj Narain who were the next reversioners of munshi Ram Sewak considered the adoption of Satgur Prasad as illegal and prejudicial to their interests and, therefore, they brought a suit No. 103 of 1925 in the Court of the Civil Judge, Rae bareli, inter alia, against Srimati Sukhraj Kuer and Satgur Prasad. The suit was decided by a compromise dated the 6th May, 1926, which provided that Satgur prasad was to remain in proprietary possession of eight annas share in v










































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