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1957 Supreme(All) 256

M.C.DESAI, N.U.BEG
RICHHPAL CHAND – Appellant
Versus
RICHHPAL SINGH – Respondent


Advocates Appeared:
ANANGPAL GUPTA, GOPAL BEHARI, JAGDISH SVARUP, KRISHNA SAHAI, Krishna Shankar, SATISH CHANDRA

M. C. DESAI, J.


( 1 ) THIS is a defendants appeal from a decree of a Civil Judge for possession over zamindari property in village Shemo and some houses, past mesne profits amounting to Rs. 3,400/- and pendente lite and future mesne profits at Rs. 1,100/- per annum. The decree was made conditional upon the plaintiff-respondents de-positing Rs. 3,600. /- within three months for payment to the appellants; in default their suit was to stand dismissed with costs.

( 2 ) THE property in dispute was admittedly owned by Dr. Ranjit Singh as his self-acquired property. He was murdered on 20-1-1895 and was survived by his widow Janki Devi and at least one brother Sher Singh. He had one more brother Lekhraj Singh, but when he died is a matter of serious controversy in the appeal. Sher Singh died in 1904 leaving his son Ram Sarup Singh, plaintiff-respondent No. 3. Lekhraj Singh left a son Bharat Singh, who was plaintiff No. 1, but died during the pendency of the suit leaving his sons Richpal Singh and Jaipal Singh, plaintiffs-respondents Nos. 1 and 2. Janki Devi entered into possession of the property in dispute as a Hindu widow on the death of Ranjit Singh. On 25-1-1897 she sold it for the ost





























































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