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1952 Supreme(All) 294

V.BHARGAVA
MT. RAM KALI – Appellant
Versus
PAHILWAN SINGH – Respondent


Advocates Appeared:
Bishun Chandra Saxena, LACHMI NARAYAN GUPTA

V. BHARGAVA, J.

( 1 ) THIS is a Second Appeal arising out of a suit brought by the plaintiff-appellant and the plaintiff-respondent for possession of certain properties against the defendants-respondents.

( 2 ) THE property in suit admittedly belonged, once upon a time, to one Dharam Singh. The plaintiff-appellant came to the Court with the allegation that, after the death of Dharam Singh, there was a partition between his sons and this property came to the separate share of Indar singh so that Indar Singh became the sole owner of this property. Indar Singh having died, the plaintiffs claimed that they were entitled to possession of this property as daughters of Indar singh who died leaving no sons or widow. The defendants respondents are all collaterals of indar Singh and they, or some of them, would be the reversioners of Indar Singh on the death of the two plaintiffs. Both the lower Courts have held that there had been a partition by virtue of which Indar Singh had become the sole owner of the property in suit. A further objection of the defendants-respondents that there had been a re-union between Indar Singh and his brothers was also repelled by the Courts below.

( 3 ) THE tri







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