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1975 Supreme(All) 247

M.P.MEHROTRA
Mahadeo Nath – Appellant
Versus
Meena Devi – Respondent


Advocates:
Girdhar Malviya, for Appellant:S.D. Agarwal, K.C. Saxena. Chandra Kishore and C.P. Ghildayal, for Respondent.

JUDGMENT:- This is the plaintiffs second appeal.

2. The relevant facts are these; The plaintiff filed the suit, against two defendants-respondents. Defendant-respondent No. 1 is the alleged widow of Mahanth Shankeranand Nath deceased and the defendant-respondent No. 2 is the Life Insurance Corporation of India. Two main reliefs were claimed by the plaintiff.

(1) A declaration was sought to the effect that the plaintiff was entitled to Rs. 7,000/- or any other amount due on the two insurance policies in dispute.

(2) A permanent injunction was claimed in favour of the plaintiff against the defendant-respondent No. 1 restraining her from realising the amounts due on the said two policies from the defendant-respondent No. 2. According to the plaint allegations there is a Math known as Bawa Sarwanath Math of which Mahanth Mahadeo Nath happened to be the Mahanth Gaddinashin and in that capacity he filed the suit. It was stated that the Mahanth had no personal interest in the income of the Maths properties. Mahanth Shankeranand Nath was the preceding Mahanth of the Math who got himself insured with the Life Insurance Corporation of India under two policies - one dated 28-12-1957 for Rupees 2















































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