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1955 Supreme(All) 59

AGARWALA, OAK
Gaya Deen – Appellant
Versus
Amrauti – Respondent


Advocates:
A.P. Pandey, B.P. Pandey and Baleshwari Pd., for Appellant; Jwala Prasad Bhargava, for Respondent.

Judgement

AGARWALA, J.:- This is a plaintiffs appeal arising out of a suit for possession of a property which was in possession of one Mst. Newasi while she was alive and which she had, during her life-time, transferred by means of a sale deed to the respondent. The facts briefly stated are as follows:

There were three brothers, Debi Prasad, Shiva Prasad and Mahabir, who formed a joint Hindu family. Shiva Prasad died in 1906 leaving Smt. Sambodha as his widow; Mahabir died in 1916 leaving Smt. Newasi as his widow; and Debi Prasad died in 1925 leaving Smt. Tulsa as his widow. As the brothers were all members of a joint Hindu family, on the death of Shiva Prasad the estate passed to Debi Prasad and Mahabir; and on the death of Mahabir, Debi Prasad was the sole surviving coparcener of the property, and in law became the exclusive owner of the property, and the widows had only a claim for maintenance.

The plaintiff-appellant is a collateral of Debi Prasad. On the deaths of Shiva Prasad and Mahabir, however, the names of their widows were entered. Smt. Sambodhas name was entered over one-third of the property and so was the name of Newasi entered over another one-third of the property. App





























































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