P.K.TARE, RAINA, DUBE
NAHAR HIRASINGH – Appellant
Versus
MST. DUKALHIN – Respondent
( 1 ) THIS opinion shall govern the disposal of this Letters Patent Appeal as also the second Appeal No 91 of 1966 -- (Durgaprasad v. Chunnilal ).
( 2 ) THE present Letters Patent Appeal has been referred to this Court for decision of the entire appeal by a Division Bench of this Court, by order, dated 31-3-1971, as also for decision of the question whether a Bhumiswami under the Madhya pradesh Land Revenue Code, 1959, is a tenure holder within the meaning of section 4 of the Hindu Succession Act. 1956. That question is also involved in second Appeal No. 91 of 1966 (Madh Pra ). Therefore, by this opinion, we propose to decide that question and later on, we propose to decide the Letters Patent appeal on merits. On expression of the opinion on the question referred Second appeal No. 91 of 1966, will have to so back to the Single Bench for decision on merits in accordance with the opinion of this Full Bench. Along with these two cases. Second Appeal No. 447 of 1966 (Madh Pra) -- (Smt. Rangu v. Anji) had already been referred to this Full Bench for opinion on the question relating to section 164 of the Madhya Pradesh Land Revenue Code. 1959. However, in that case it was fou
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