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1958 Supreme(All) 158

R.N.GURTU, D.N.ROY
RAM CHARAN DAS – Appellant
Versus
MST. GIRJANANDANI DEVI – Respondent


Advocates Appeared:
B.D.GUPTA, B.N.SAPRU, BISHWANATH PANDEY, C.S.SARAN, S.B.JOHARI, S.D.BHARGAVA, S.P.SINHA, Satya Narain Prasad

GURTU, J.

( 1 ) THE substantial question in this appeal is as to the legal effect of a deed, described as a deed of partition, dated 31-3-1933. That deed concerns property of which the last male owner was one kanhaiya Lal who died on 10-6-1922. He got the property from his grandfather, Chunni Lal, under a will of 1883. He was succeeded by his mother Smt. Kadma Kuer, who died on 14-10-1937. Upon her death the present suit was filed by the plaintiff on, the allegation that he is the next reversioner of Kanhaiya Lal along with his brothers, defendants 2 to 6, and that defendant No. 1 Smt. Girjnandani Devi, widow of Gopi Nath, who was a sisters son of Kanhaiya lal, had no right to remain in possession of the suit property. Gopi Nath died during the life-time of Smt. Kadma Kuer 13.

( 2 ) ACCORDING to the plaintiff, he is not bound by the deed dated 31-3-1933, described as a partition deed and he contends that it is of no legal effect.

( 3 ) BEFORE stating the defence, we may relate how this deed came into existence.

( 4 ) WHEN Kadma Kuer entered into possession of the estate of Kanhaiya Lal upon his death, she applied to the Court of Wards under Section 10 of the Court of Wards Act to t







































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