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2007 Supreme(MP) 614

A.K.SHRIVASTAVA
Maltibai – Appellant
Versus
Bhagnu S/o Chhoteram – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Umesh Trivedi
For Respondents/Defendant:A.G. Dhande, Senior Advocate with Dharmendra Soni

JUDGMENT

A.K. Shrivastava, J.

1. The unsuccessful Plaintiffs having lost from both the Courts below have filed this second appeal.

2. The family tree of Plaintiffs and Respondents is as under:

Tikaram (died 1940) -wife Ganeshi Bai (died on 24-5-1963)

3. The suit property and its location has been described in para-1 of the plaint. According to plaint averments, Tikaram who died in the year 1940, was the owner of the suit property and on the date of his death. The Hindu Women's Rights to Property Act, 1937 (hereinafter referred to as 'the Act of 1937') already came into force and, therefore, on the death of Tikaram his widow Ganeshi Bai and sons Gopal and Gourishankar became the owner of the suit property and it became their joint Hindu family property having l/3rd share each. Gopal son of Tikaram died unmarried in the year 1942 and according to the Plaintiffs, his share devolved to another son of Tikaram namely Gourishankar by survivorship. The Plaintiffs are the daughters of Gourishankar. Gourishankar died in the year 1952 living Plaintiffs alone as his successors. According to the Plaintiffs, after the death of their father Gourishankar they succeeded to their father's share and each










































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