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1954 Supreme(All) 105

AGARWALA, GURTU
Reoti Devi – Appellant
Versus
Bhagwan Dayal – Respondent


Advocates:
J. Swarup, for Appellant; Gopal Behari, for Respondent.

Judgement

GURTU, J. :- This is a defendants appeal. It is necessary to set out the pedigree printed at page 2 of the paperbook, as it will help in the appreciation of the case of the parties -

2. The plaintiffs case has been stated as follows :

3. Lachhman Prasad and his sons held properties detailed in Sch. "A" which are still in the joint undivided possession of the male descendants and are held by them in coparcenary as joint Hindu family properties, and there never was a separation between Lachhman Prasads issues after his death. One of the wives of Kashi Ram, uncle of the plaintiff Bhagwan Dayal, used to reside in the ancestral house in village Naugaien, district Farmkhabad, where the other brother Jwala Prasad lived with his own wife. Kashi Ram was in service for about thirteen years at Lucknow and at Agra, but he gave up service about the year 1885 A.D. and then he, along with the plaintiff and the plaintiffs brother Raghubar Dayal, started a business in Agra which was carried on with the joint labour, skill and efforts of the three of them. The properties detailed in Sch. "B" were purchased out of the funds acquired in this way, and were never made part of the ancestral proper



































































































































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