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1974 Supreme(MP) 62

S.M.N.RAINA, C.P.SEN
Santoshchandra – Appellant
Versus
Smt. Gyansundarbai – Respondent


Advocates Appeared:
D.M.Dharmadhikari, R.K.Pandey,

JUDGMENT :

( 1. ) THIS is an appeal by the plaintiffs from the judgment and decree of the Court of Additional District Judge, Betul dismissing their suit for a declaration and injunction.

( 2. ) THE plaintiffs are the sons of Tekchand respondent No. 2. Tekchand was the adopted son of Jethmal. Mst. Jhunnobai, who was the original defendant No. 1 was the widow of Jethmal. Jhunnobai died during the pendency of the suit and on her death her daughter Mst. Gyansundarbai respondent No. 1 was brought on record as her legal representative. Mst. Tarabai, defendant-respondent No. 3 is the wife of Tekchand.

( 3. ) JETHMAL died in the year 1947. During his lifetime he had acquired 3 houses. Out of them one was sold by him. So far the facts are not in dispute. The case of the plaintiffs is that the relations between Tekchand and Smt. Jhunnobai being strained, Jethmal made a family arrangement in June, 1946. Under this arrangement he gave a sum of Rs. 12,000/- to Mst. Jhunnobai and she was also given right of residence in the family property. The rest of the property was allotted to Tekchand and the plaintiffs in lieu of their share in the property. Thus, according to the plaintiffs, after this arra






















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