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1950 Supreme(All) 167

MUSHTAQ AHMAD, DESAI
JILEBA – Appellant
Versus
PARMESRA – Respondent


Advocates Appeared:
GIRDHARI LAL AGARWALA, J.Swarup, KARTAR RRAIN AGARWALA, N.P.ASTHANA, P.L.BANERJI

DESAI, J.

( 1 ) THIS is a defendants appeal from a decree passed by a Civil Judge in a suit for possession over zamindari property. The property was admittedly owned by one Faqir Chand, a Jaiswal Kalwar of village Gaura, whose relationship with parties would be clear from the following genealogical table : jaleba defendant (2nd wife)= _ Ram Das | (D. 1929)| = | Thakuri __ _ 1. Ram Lakha | (first wife) | (D. 1936)Faquir chand -| (dead) | = |_ Bhirgun | Parmashra (D. 1927) | Plaintiff | |_ 2. Murtagungara |_ 3. Surta

( 2 ) ON the death of Faqir Chand, the property in dispute devolved upon his sons and on the death of one of them Ram Das and Ram Lakhan became the owners. When Ram Das died, Ram lakhan became the sole survivor of the joint family. It is not contended that Jaleba inherited any right from Ram Das and was entitled to anything more the n maintenance. Ram Lakhan married parmeshra, daughter of Umrao of village Seori which is about twenty miles from village Gaura, in 1936. Within twenty days of the marriage Ram Lakhan died leaving Parmeshra, a young widow of thirteen years of age. Disputes arose between Parmeshra and Jaleba about mutation in respect of the property in dispute s


















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