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2010 Supreme(MP) 471

PRAKASH SHRIVASTAVA
Tiwari Bai – Appellant
Versus
Sita Bai – Respondent


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Advocates Appeared:
Ms. M. Ravindran for appellants;
B.S. Gandhi for respondent No.1.

JUDGMENT

1. This second appeal under section 100 of the Code of Criminal Procedure has been filed against the judgement dated 2.9.1995 passed by the first Appellate Court allowing the appeal of the respondent No.1 to 3 and reversing the judgment of the trial Court. The trial Court by judgment dated 11.4.1987 passed in civil suit No. 119-A/84 had dismissed the suit filed by the respondent No.1 to 3 and the first Appellate Court by allowing the appeal has decreed the suit of the respondents No.1 to 3.

2. The respondents No.1 to 3 had filed civil suit No. 119-A/84 pleading that the suit property originally belonged to the two brothers Ganpat and Somjya. The plaintiffs are daughters of Ganpat. No partition of properties had taken place between Ganpat and Somjya and after the death of Ganpat, Somjya was giving the agricultural proceeds to the respondents No.1 to 3 in accordance with to their share and 2 years prior to filing of the suit, the respondent No.4 Somjya stopped giving the share to the respondent No.1 to 3 and had illegally sold the suit land to the appellants by executing the sale-deed dated 4.3.1968 (Ex. D/1) and 7.2.1973 (Ex. D/2) in favour of the originally appellant Tiwarib






























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