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1974 Supreme(All) 30

T.S.MISRA, K.B.ASTHANA
Om Prakash – Appellant
Versus
Bhagwan – Respondent


Advocates:
Radha Krishan and G.N. Singh, for Appellants; K.C. Saxena and Swami Dayal, for Respondents.

Judgement

ASTHANA, J. :- This is an appeal by the defendants from the judgement and decree of the learned Civil Judge of Agra decreeing the plaintiff-respondents' suit for partition of their half share in a shop situate in Kumari Bazar, Agra, fully described at the foot of the plaint.

2. A reference to the following pedigree would be convenient for under-standing the controversy between the parties :-


3. The plaintiffs, Shri Bhagwan and Mahabir Prasad, who are the son and grandson, respectively, of Babu Lal come to the court with the allegation that the shop in dispute was the joint ancestral property of Babulal and his elder brother Har Narain, it having devolved upon them on the death of Smt. Reoti Devi, their mother. It was further alleged that the shop in question was joint property of Smt. Reoti Devi's father Debi Das and her uncle Angan Lal. It was also alleged by the plaintiffs that the elder brother Har Narain, was a very clever person, while Babulal was a simple and easy going person and it was Har Narain, who cleverly manipulated transactions in order to claim the whole of the shop for himself by first fabricating a sale deed dated 18-6-1916 as having been executed by Smt. R


























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