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S.SAMVATSAR
CHANDRAKANTA – Appellant
Versus
ASHOK KUMAR – Respondent
( 1 ) THIS revision is filed by the defendants against whom an injunction order is passed by both the courts below.
( 2 ) THE facts giving rise to this revision are as under: -respondents No. l and 2 filed a suit for declaration and parmanent injunction against the petitioners and respondents No. 3 and 4, regarding agricultural land bearing survey no. 66 and 94, situated at village Badokhar, district Morana. The said property was purchased in the name of Madangopal by regis -. tered sale deed dated 21. 7. 1944. Petitioner no. 2 and respondent No. 3 are sons of madangopal, while respondents JSo. 1 and 2 are grandsons of Madangopal. They are claiming their right to the suit property through their father/respondent No. 3.
( 3 ) THE suit is filed on the allegation that father of Madangopal, Thakurdas had retired from Calcutta Jute Mill and had received some retiral benefits at the time of his retirement. The suit property was purchased from the said amount and is thus purchased from the joint family funds. Both the Courts below prima facie found that this property was purchased out of funds received by Thakurdas, who has retired from Calcutta Jute Mill and, therefore,
DILIP KUMAR JAIN VS SHOBHARANI JAIN - 2005 0 Supreme(MP) 599: Ashok Kumar, AIR 1987 SC 558 - "has again considered the question and has held as under" indicates approval and reliance on its holding.
Lachhobai VS Guddobai - 2006 0 Supreme(MP) 118: Ashok Kumar [2002 (3) MPLJ 576] and Ashok Kumar [AIR 1987 SC 558] - Cited alongside another case without negative treatment, implying positive reference.
Vijay Goyal VS Madanlal Goyal - 2007 0 Supreme(MP) 534: Ashok Kumar [AIR 1987 SC 558] and Ashok [2002(3) MPLJ 576] - Cited positively in context of coparcenary rights post-Act.
Babulal VS Ramkali Bai - 2012 0 Supreme(MP) 150: Ashok Kumar and others, 2002 (3) MPLJ 576 - "I may profitably place reliance on the Single Bench decision... Chandrakanta and another v." shows reliance.
Sushila Bai VS Rajkumari - 2016 0 Supreme(MP) 622: Ashok Kumar and others [2002(3) MPLJ 576] - Placed reliance "to substantiate the contentions."
Vikram Singh VS Anil Kumar - 2017 0 Supreme(MP) 591: Ashok Kumar and others, reported in 2002(3) MPLJ 576 - Cited and its holding explained positively regarding business assets.
MOHIT RAM SAHU VS BISOUHA RAM SAHU (DELETED) - 2019 0 Supreme(Chh) 60: Ashok Kumar, (2002) 3 MPLJ 576 - Listed among precedents without negative context.
Radha Bai VS Ram Narayan - 2019 0 Supreme(SC) 1289: Ashok Kumar, (1987) 1 SCC 204 and Ashok Kumar and Others, 2002 (3) MPLJ 576 - Cited with reference to authorities and observations.
Ratan Singh VS Rajaram - 2020 0 Supreme(MP) 1225: Chandrakanta v. Ashok, reported in 2002 (3) MPLJ 576 - "it has been held by this Court that..." indicates approval of its holding.
Govind Singh Yadav (Dead) thr. Lrs. Rammurti Yadav VS Dilip Singh Yadav - 2021 0 Supreme(MP) 598: Ashok Kumar and others (2002) 3 MPLJ 576 and Ashok Kumar AIR 1987 SC 558 - Cited among other cases without negative treatment.
GHANSHYAM VS KANHIYALAL - Madhya Pradesh (2007): Chandrakanta and Another Vs. Ashok Kumar and Others - Appears as a case title in a list, with no explicit treatment language; referenced in context of other citations like Vijay Goyal VS Madanlal Goyal - 2007 0 Supreme(MP) 534.
Ratan Singh VS Rajaram - 2020 0 Supreme(MP) 1225: Ramesh Kumar (implied related) - "further placed reliance over the judgment passed by the Division Bench... in the case of Ramesh Kumar" but primary focus on Chandrakanta; neutral reference.
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