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1993 Supreme(MP) 362

R.C.LAHOTI
Putrobai And Ors. – Appellant
Versus
Lalchand And Ors. – Respondent


JUDGMENT

R.C. Lahoti, J.

1. This second appeal, preferred by the defendant/appellants, raises purely a legal controversy requiring determination of shares to which the parties would be entitled on partition in accordance with principles of Hindu Law.

2. This Court has admitted the appeal for hearing parties on the following substantial question of law only :--

"Whether in the facts and circumstances of the case the plaintiff/respondent No. 1 Lalchand is to be granted 9/32nd share in the suit property?"

3. The facts in so far as relevant for the decision of this appeal are beyond controversy at this stage. The genealogical tree is admitted. It is as under:--

Khuba

|

Mardansingh

(Defendant No. 6)

(died on 30-6-1981)

|

-----------------------------------------

| |

Manvobai Putrobai (Paintiff No. 1) (Defdt. No. 1) (Died on 19-4-1984)

| ---------------------------------------- | | | | | Lalchand Somatsingh Dannala Prabhulal Ramchandran (Paintiff No. 1) D-2 D-3 D-4 D-5

Khuba was the original owner. He had died much before the institution of the suit. He had a son Mardansingh. Mardansingh had two wives -- Manvobai and Putrobai. Mardansingh had one son -- Lalchand -- from Manvobai and four sons -- Somatsi









































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