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1957 Supreme(MP) 81

V.R.SEN, G.P.BHUTT
Mulam Chand Chhoteylall Modi – Appellant
Versus
Kanchhendilall Bhaiyalal – Respondent


Advocates Appeared:
A.V.KHARE, B.L.Seth, M.N.PHADKE,

JUDGMENT :

( 1. ) THIS is plaintiffs appeal from the decree in civil suit No. 5-A of 1948 of the Court of First Additional District Judge, Sagar, dismissing his claim for partition.

( 2. ) THE following pedigree discloses the relationship between the parties. BALLE (d. before 1888)

___________________________________________|___________________

_ | | | | | mulchand Sukkelal Nanhelal Ramkishan Bhaiyalal (d. 1891) (d. 17-4-1915) (d. after 1888) (d. 1906) (d. 31-1-1946)| | | | _______|__________

___________|__________ Damrulal | | | | | |

_________________|________ tantilal Manmohan Sandhani Ranjitbabulal | | Kanchhedilal Chhotelal (deft. 1) (d. 1932)

_____________________________________________|______ | | | | | mulamchand Komalchand Shikharchand Prakashchand Subhashchand (Plaintiff) (deft. 2) (deft. 3) (deft. 4) (deft. 5) It was not disputed in the pleadings that Balle and his sons formed a joint Hindu family from which Nanhulal separated in 1888 A. D. , Tantilal Manmohan and Sandhani, in 1908 A. D. and Damrulal In 1939 A. D. It was also not disputed that the plaintiff was born on 26th September, 1929 and attained majority on 26th September, 1947. The suit was instituted on 8th May, 1948 w


















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