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1958 Supreme(MP) 161

P.V.DIXIT
BENI MADHAVPRASAD – Appellant
Versus
RASKLAL AMBALAL – Respondent


Advocates Appeared:
D.C.Bharucha, K.A.Chitale, V.P.Trivedi

P. V. DIXIT, J.

( 1 ) THE suit, out of which this appeal arises, was instituted by the present appellant's father Ramratanlal in the Court of Civil Judge, First Class, Mhow, against the respondents for the recovery of possession of house No. 1963 situated in Bhoi Mohalla, Mhow, and of a room in an adjacent house bearing No. 1012 and for mesne profits.

( 2 ) THE plaintiff Ramratanlal claimed that the property belonged to a joint Hindu family of which he was the Karta; that his father Ramkrishan had permitted his munim Chunnilal, the father of the defendant-respondents Nos. 3, 4, 5 and 6 to live in house No. 1963 with his family free of rent; that after the death of chunnilal, his widow and other members of his family were also allowed to occupy the house; that Chunnilal, who used to look after the management of houses belonging to the joint family, got one of the rooms in the adjoining house No. 1012, which had been rented out, vacated from the tenant for his own use and occupation, that Chunnilal and his family continued to use the room and were still in possession of it; that in 1939 when the plaintiff asked the defendants to execute a document evidencing the ownership of the plai














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