TEJ SHANKAR
RAMESH VERMA – Appellant
Versus
LAJESH SAXENA – Respondent
( 1 ) THESE three first appeals (F. A. No. 29, 30 and 31 of 1991) arise out of Judgment and decree dated 31-1-91 passed by the Fifth Additional Judge to the Court of District Judge, Gwalior. As all the appeals arise out of the same judgment they have been heard together and are being disposed of by this common judgment.
( 2 ) SMT. Lajesh Saxena filed a suit for partition and separate possession of her 1/8 share in the property in dispute. She also prayed for mesne profits according to her share in the usufruct of her property. The admitted pedigree is as follows :there is also no dispute between the parties that the property detailed in para 2 belonged to Bhagwan Prasad. Bhagwan Prasad died in 1952 leaving his widow Smt. Jaydevi and a son Jagan Verma. Jagan Verma died in 1967 leaving his son Ramesh Verma, defendant No. 1, widow Smt. Prabhavati, defendant no. 2 and mother Jaydevi as his L. R. The plaintiff alleged that after the death of Bhagwan Prasad the name of his son Jagan Verma and widow Jaydevi was entered in village record as Pakka tenant in accordance with the provisions of Madhya Bharat Land Revenue and Tenancy Act, 1950 (hereinafter referred to as the M. B.
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