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1984 Supreme(MP) 411

G.G.SOHANI
KALOORAM – Appellant
Versus
MANGILAL – Respondent


Advocates Appeared:
S.D.SANGHI, S.L.GARG

G. G. SOHANI, J.

( 1 ) THIS is defendants' second appeal arising out of a suit for possession of a portion of -suit house situated at Neem Chowk, Ratlam. The plaintiffs case, in brief, was that Jeetmal, father of the plaintiff, and Manakchand, father of the defendants, were brothers and members of a Joint Hindu Family and that on 10th December 1922, a partition was effected between the members of the joint Hindu family, as a result of which, a portion of the suit house came into possession of the plaintiffs father. It was further averred that the suit properly was then let out to one Pannalal Sanwara and after his death the leased premises were in occupation of his son Mangilal Sanwara, who vacated the leased premises, which was then locked by the plaintiffs father. It was further averred that on 15th July 1949, defendant No. 1 unlawfully broke open the lock and forcibly took possession of the suit property. The plaintiff instituted the suit on 6-5-1961 for recovery of possession of the suit property and for mesne profits. The suit was resisted by the defendants inter alia on the ground that it was barred by limitation. The trial court found that the plaintiff had failed to establi









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