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2004 Supreme(MP) 324

SUBHASH SAMVATSAR
Paribai – Appellant
Versus
Bhagwanlal – Respondent


Advocates Appeared:
M.G.UPADHYA,

Judgment

( 1. ) THIS appeal is filed by the plaintiff challenging judgment and decree dated 10-8-87 passed by Addl. District Judge. Indore in civil regular appeal No. 26-A/87 whereby the First Appellate Court has confirmed the judgment and decree dated 8-4-85 passed by 5th Civil Judge Class II, Indore in Civil Original Suit No. 267-A/75.

( 2. ) BRIEF facts of the case are that the appellant plaintiff had filed the present suit for declaration, partition, possession and mesne profit alleging that she is a widow of Kanhaiyalal. Kanhaiyalal had three brothers namely Dattu, Mukund and Balwant. Defendant No. 1 Sukhram is the son of Dattu, defendant Nos. 2 and 3 Ranchor and Moolchand are sons of Mukund and defendant Nos. 4 and 5 are sons of Baiwant. According to the plaintiff the four brothers owned an agricultural land having an area of 74. 58 acres. The husband of the plaintiff Kanhaiyalal died somewhere in the year 1930-31. At that time Indore Land Revenue and Tenancy Act, 1931 was in force. Section 54 of the said Act provides that on the death of a Pattedar the agricultural land will devolve in accordance with the principles of personal law. Parties are governed by the Hindu law and at










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