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1955 Supreme(All) 215

H.S.CHATURVEDI, MULLA
L. BASANT LAL – Appellant
Versus
RAMESHWAR PRASAD – Respondent


Advocates Appeared:
D.P.Khare


CHATUEVEDI, J.

( 1 ) THE suit which has given rise to this appeal was promoted by one Sm. Ram Janki on her own behalf and as next friend of her two minor sons, Basant Lal and Behari Lal, for the partition of family property, moveable and immovable, detailed at the foot of the plaint.

( 2 ) IT appears that the family, which owned the property, was comprised of Rameshwar Prasad and his two minor sons and his wife Sm. Ram Janki. The plaintiffs claimed a three-fourths share in the property. It was, however, alleged in the plaint that the defendant Rameshwar Prasad, who was the father of plaintiffs 1 and 2, and husband of plaintiff 3, was a person of weak intellect and immoral habits. He had executed certain documents and sale deeds in respect of debts which were non-existent and which were also vitiated by fraud and conclusion. The plaintiffs, therefore, claimed that the share allotted to them should be free from all such encumbrances. The persons in whose favour the deeds stood are defendants 2 to 7. Defendant a sm. Ram Piari, had a maintenance charge against the family property and was also implea-ded as a defendant in the suit. Gofaardhan Das, defendant 2, died during the pendency o
























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