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1966 Supreme(MP) 102

P.K.TARE
SUGGA BAI – Appellant
Versus
HIRALAL – Respondent


Advocates Appeared:
A.R.Choubey, G.P.CHOUBEY, J.N.SINHA

P. K. TARE, J.

( 1 ) THIS is an appeal by the plaintiff-landlords, against the decree dated 22-9-1962, passed by the IInd Additional District Judge, Jabalpur, in Civil Appeal No. 69-A of 1960, re-numbered as Civil Appeal No. 73-A of 1961, affirming the decree dated 18-10-1960, passed by the Ist Civil Judge IInd Class, Jabalpur, in Civil Suit No. 28-A of 1960.

( 2 ) THE appellants purchased the suit house from Shyam Krishna and others. Out of the vendors one Amitabh was a minor. The family of the vendors is indisputably governed by the Dayabhaga School of Hindu Law. The sale deed Ex. F/13 was executed on 30-5-1958, wherein although the minor's father was a party to the sale, the minor was represented through his next friend the mother. After the appellants purchased the house, they served a notice of attornment dated 20-61958 (Ex. P/1) on Hiralal, the predecessor of the present respondents, who was a tenant of the vendors. A similar notice of the same date Ex. P/3 was served by the vendors as well. But in reply to that notice, the tenants as per the communication dated 24-6-1958 (Ex. P/7), asserted that as one of the vendors was a minor, the vendors should prove their title and he r



















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