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1971 Supreme(MP) 127

A.P.SEN
MAHADEO RAO VITHOBAJI PARATE – Appellant
Versus
LAXMAN PARASRAM – Respondent


Advocates Appeared:
V.S.DABIR, Y.S.DHARMADHIKARI

A. P. SEN, J.

( 1 ) THIS judgment will dispose of Second Appeals Nos. 732 of 1970, 54 of 1971 and civil Revision No. 51 of 1971 also. These cases were heard together as they involve common question of law.

( 2 ) THE plaintiff, Mahadeorao is a non-alienating coparcener. All the other members of the joint Hindu family of Which he is a member, his brothers. Khushalrao. Ganpatrao, Shamrao and Vasantrao and his mother. Mst. Savitribai, joined in alienating certain items of joint family property. The plaintiff thereupon brought suits to impeach the alienations, claiming a declaration that the alienations were not binding on him as they were not for legal necessity. He, therefore, claimed possession of the alienated property from the purchasers. Those suits were dismissed by the trial Court on the ground that there was no joint family in existence. That decree was affirmed in appeal in two of the suits. In the other two suits, the decree was, however, reversed. Both the parties, therefore, appealed to the High Court. Naik, J. , in Narayan v. Mahadeorao, 1971 MPLJ 239 held that there was no disruption of the joint status, and as the alienations were not for legal necessity, the plaintiff w











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