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1989 Supreme(MP) 172

P.C.PATHAK
Shivkali Bai – Appellant
Versus
Meera Devi – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Ravish Agarwal, Adv.
For Respondents/Defendant:A.U. Usmani, Adv. for Respondent No. 1 and S.S. Jha, Adv. for Respondent No. 4

JUDGMENT

P.C. Pathak, J.

1. This judgment shall also govern the disposal of Second Appeal No. 566 of 1982 filed by Smt. Meera Devi (plaintiff) and Second Appeal No. 12 of 1983 filed by Nanhe Lal (defendant No. 4) against a common judgment and decree dated 18-10-1982 in Civil Appeal No. 21-A of 1981 of the Court of the Additional Judge to the Court of District Judge, Seoni, arising out of Civil Suit No. 69-A of 1979 of the Court of Civil Judge, Class I, Seoni and judgment and decree dated 17-1-1981.

2. For convenience, the genealogy of the defendants is reproduced:-

Roop Chand (died 1960) | --------------------------------------------- | | | Nanhe Lal Radhe Lal Sahiblal (dead) (Deft. No. 4) | Widow Shivkali Bai | (Deft. No. 3) | ----------------------------------------- | | Kanchan Singh Mohan Singh (Deft. No. 3) (Deft. No. 1) | Wife Maltibai (Deft. No. 5) | Son Santosh Kumar (Deft. No. 6)

3. Roop Chand had three sons, namely, Nanhe Lal, Radhe Lal and Sahib Lal. Sahib Lal predeceased Roop Chand, who died in 1960. After Roop Chand s death, the defendants and Radhe Lal partitioned their joint family property by registered deed of partition dated 17-9-1965. Khasras Nos. 260, 263 and 265, t









































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