Jamna Prasad vs Mt. Durga Dei - 1931 Supreme(All) 168

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1931 Supreme(All) 168

SEN
Jamna Prasad – Appellant
Versus
Mt. Durga Dei – Respondent

JUDGMENT

Sen, J. - The suit out of which this appeal has arisen was instituted by Mt. Durga Dei, daughter of Babu Mahadeo Prasad, against Mt. Basanta Koer and Mt. Bhagwanta Koer, widows of Babu Mahadeo Prasad, defendants first party, and against the sons and grandsons of Babu Baldeo Prasad (the brother of Babu Mahadeo Prasad), defendants second party. The reliefs which the plaintiff claimed were for a declaration that the document, dated 31st May 1924, executed by Mts. Bhagwanta Koer, Basanta Koer and Jamuna Prasad, was null and void and that the defendants second party had not acquired any right under it to the estate of Mahadeo Prasad, for the appointment of a receiver of the entire property left by Mahadeo Prasad and for an order directing the defendants to deposit in Court or in some bank the amount in cash left by Babu Mahadeo Prasad or otherwise realized; and as an alternative to the relief regarding the appointment of a receiver the plaintiff prayed for a perpetual injunction against the defendants first party to the effect that they should not realize those debts due to Babu Mahadeo Prasad the realization of which might not be necessary and that they should realize those deb

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