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KANHAIYA LAL, TUDBALL
Gobind Ram – Appellant
Versus
Mahmud Jahan Begam – Respondent
JUDGMENT
Tudball and Kanhaiya Lal, JJ. - This is an appeal by one defendant out of a large number of parties to a partition suit instituted in the Civil Court. Gobind Ram, Hari Ram and Anand Ram sued for partition of their shares in certain properties claiming a three-fifths share therein. The property consisted of house property and some zamindari and other miscellaneous properties. Among the items of properties which they sought to divide were three items, namely khata khewat No. 35, khata khewat No. 65 and khata khewat No. 66 in qasba Meerut. While the suit was pending Anand Ram died and was succeeded by his two daughters, Musammat Bhagwanti and Musammat Sita. A preliminary decree for partition was passed on the 17th of September, 1913, under which the three plaintiffs were held entitled only to a one-fifth share and not to the three-fifths that they claimed. While the suit was pending, i.e., on the 14th of February, 1912, Hari Ram and Anand Ram sold to one Ram Saran Das a two-fifths share in khata khewats Nos. 35, 65 and 66 which they claimed in the suit. This of course was prior to the preliminary decree. On the 20th of February, 1912, Gobind Ram sold his one-fifth share that i
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