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1997 Supreme(MP) 716

S.K.DUBEY
Mohan Singh – Appellant
Versus
Dagdi Bai – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. S.D. Sanghi with Iqbal Hussain, Advocates
For Respondents/Defendant:Mr. P.K. Saxena with P.K. Jain, Advocates

JUDGMENT

S.K. Dubey, J.

1. The defendants have filed this second appeal against the judgment and decree dated 18.8.1975, passed in Civil Appeal No. 8-A/71 by the Additional District Judge, West Nimar, Khargone affirming the judgment and decree dated 20th April, 1973, passed in Civil Suit No. 30-A/71 by Civil Judge, Class I, West Nimar, Khargone.

2. The facts giving rise to this appeal arc thus: One Narayan Singh was original Krishak of the suit land. Kh. No. 291, area 4.77 decimal, kh. No. 315 and 316 area 3.87 decimal: kh. No. 365 area 0.41 decimal and kh. no. 512 and 513 area 1.97 decimal, total area eleven acres one decimal, situated in village Gogwa, tahsil Khargone, West Nimar. After the death of Narayan Singh his widow Rukma Bai became limited owner and on enforcement of Madhya Bharat Land Revenue and Tenancy Act, Samvat 2007 (Act No. 60 of 1950; for short 'MBLRT Act') Rukma Bai being the Class I heir, specified in section 82 of the MBLRT Act, she became Pakka tenant. Plaintiff is the daughter of Narayan Singh, who was married to Mohan Singh, the defendant no. 1 the appellant no. 1. The defendant no. 1 turned out the plaintiff from his house and then started living with his moth












































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