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1912 Supreme(All) 51

BANERJI
Musammat Maghli – Appellant
Versus
Musammat Ladli – Respondent


JUDGMENT

Banerji, J. - This was a suit for possession of a 4-pie share out of 8 pies, and for a declaration that the defendant had no title to the said share. The property originally belonged to two brothers Ram Nath and Sham Nath. Ram Nath died in 1884, and it has been found that his brother Sham Nath died a fortnight afterwards. The property came into the possession of Musammat Larai, the widow of Ram Nath, and she continued in possession until her death on the 20th of June 1904. The defendant-appellant is the widow of Ram Nath's uncle. The plaintiff is Ram Nath's mother. Upon the death of Larai half of the property was recorded in the name of the plaintiff and the other half in the name of the defendant. It is this half share which the plaintiff claims in the present suit. She states that upon the death of Musammat Larai she, as the mother of Ram Nath became entitled to the property. It is manifest that the defendant has no title. But she contends that the plaintiff has no right to the property claimed, as Musammat Larai was in adverse proprietary possession for more that 12 years. It is true that upon the death of Sham Nath the person entitled to the property, there being no nea

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