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1939 Supreme(All) 159

VERMA
Dhaneshwar Nath Tewari – Appellant
Versus
Ghanshyam Dhar Misra – Respondent


JUDGMENT

Verma, J. - This is an appeal against an order directing a temporary injunction to issue against the appellant restraining him "from transferring the properties in dispute except so far as may be necessary for ordinary enjoyment of the same," and restraining him "from receiving the amounts in dispute from the post office and the Court of Wards till 6th August 1938" which date was fixed for hearing the objections of the post office and the Court of Wards to whom notices were directed to issue.

2. The matter has arisen thus. One Nath Prakash Dhar Misra died some years ago leaving him surviving a widow Mt. Moharmani Kunwari. Nath Prakash Dhar Misra seems to have been possessed of considerable property, moveable and immovable. His widow died on 23rd August 1935. The respondent, Ghanshyam Dhar Misra, on 28th April 1938, presented a plaint in the Court of the Civil Judge of Gorakhpur claiming the property left by Nath Prakash Dhar Misra on the allegation that he was the reversioner and that the succession had opened to him on 23rd August 1935, when Mt. Moharmani Kunwar died. Ghanshyam Dhar Misra alleged that he was a pauper and was unable to pay the court-fee prescribed by the law

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