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1974 Supreme(MP) 135

SHIV DAYAL
MST. JAGARIBAI – Appellant
Versus
RAMKHILAWAN – Respondent


Advocates Appeared:
K.N.AGRAWAL, P.R.Padhye

SHIV DAYAL, J.

( 1 ) THIS second appeal arises from a suit instituted by Smt. Dhelabai for possession of certain agricultural lands held in Bhumiswami rights. She died during the pendency of this second appeal and is now represented by her daughter, Smt. Jogaribai.

( 2 ) SAMPAT was the husband of the plaintiff. The relationship between the parties may foe described as follows :

( 3 ) SAMPAT died in the year 1942, leaving behind him his widow, Smt, Dhelabai (plaintiff) and son, Budhram (Defendant 4 ).

( 4 ) IN the year 1928-29, Sampat's father sold plot No. 466, area 0. 14 acre, to balaram, who was father of Govindpra- aad. That plot is now in possession of defendant No. 1.

( 5 ) BUDHRAM (defendant No. 4) made certain alienations which are challenged in this suit by the plaintiff :-

(1) On April 25, 1962, Budhram sold to Ramkhilawan (defendant No. 1) plots No, 858 (0. 95 acre); No. 864 (0. 30 acre); and No. 866 (0. 18 acre) vide 'agreement' (Ex. D-1) (2) On March 9, 1963, Budhram sold plot No, 107 (1. 60 acres) to ramautar (defendant No. 2) vide 'agreement' (Ex. D-2 ). (3) Budhnam transferred plot No. 775 (0. 30 acre) to Ramautar (defendant No. 2) for which there is no document.

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