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1976 Supreme(All) 436

T.S.MISRA
Bala Charan – Appellant
Versus
State of Uttar Pradesh – Respondent


JUDGMENT :

T.S. Misra, J.

Makhan had four sons Gokul, Ram Dayal, Behari and Thakuri. They are all now dead. The Petitioners 1, 2 and 3 are sons of Thakuri, whereas opposite parties 5, 6 and 9 are sons of Gokul and opposite party No. 10 is son of Behari. The opposite parties 7 and 8 are the sons of Munshi (now deceased), who was the son of Gokul. The dispute relates to plots Nos. 170/1, 172/1 and 173/1. These plots form part of Khata No. 229. It is not in dispute that the lease of these plots in question was executed in favour of Thakuri deceased. In an action for correction of papers commenced by opposite parties 5, 7, 8 and 10 against Thakuri, it was claimed that plots Nos. 170/1, 172/1 and 173/1 were the joint family property, hence they were cotenants along with Thakuri.

2. The claim was resisted by Thakuri contending, inter alia that he had acquired a Patta of the said plots for his own benefit and not for the benefit of the family, that he had the sole and exclusive right, title and interest in those plots, and that the same did not belong to the joint Hindu family nor formed part of the joint family property. The Consolidation Officer did not accept the contention of Thakuri and




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