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1956 Supreme(MP) 49

SEN, BHUTT
HALKIBAI – Appellant
Versus
STATE – Respondent


( 1 ) THIS is the plaintiff's appeal from the decree of the Court of the Additional district Judge, in Civil Suit No. 10-A of 1951, dismissing her suit for declaration of her ownership in respect of certain valuables. .

( 2 ) PLAINTIFF Haiti Bai is a child widow since 1904 A. D. Her parents-in-law also died in the year 1905 A. D. She was a teacher in a Girl's Primary School, from the year 1910 to 1947 when she retired on a monthly pension of Rs. 24-14-0. One narhadabai was a peon in her school at Waraseoni for about a year and half before her demise on 14-4-48. The plaintiff was possessed of gold and silver ornaments detailed in Schedule A (i) of the plaint, together with Rs. 6,665-13-0 in cash. It is also not disputed that she deposited gold and silver ornaments and Rs. 1,000 with ramnathrao and Rs. 5,565-13-0 with Rajmal Suraria, retaining Rs. 100 with herself. Proceedings in respect of these articles were however, started under section 523 of the Code of Cr. P. C. , on the suspicion that they belonged to narbadabai and were dishonestly received by the plaintiff. After a preliminary enquiry by the Sub-Divisional Magistrate, the articles were seized by the Station house Officer, W









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