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1959 Supreme(MP) 193

G.P.BHUTT, T.C.SHRIVASTAVA
Nanhibai alias Tulsibai – Appellant
Versus
Badriprasad Ganpatlal – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: M.R. Bobde and J.P. Dwivedi
For Respondents/Defendant:R.S. Dabir, for Respondents Nos. 2 to 4 and V.S. Dabir, for Respondent No. 1

JUDGMENT

T.C. Shrivastava, J.

Appellant Smt. Nanhibai alias Tulsibai instituted Civil Suit No. 3-A of 1956 in the Court of the Additional District Judge, Hoshangabad, for possession of lands to the extent of one-half share and mesne profits for the years 1947-48 to 1949-50. The suit was dismissed. She has therefore filed this first appeal.

The following genealogical tree shows the relationship between the parties: The Plaintiff (Appellant) is thus the daughter of Naraindas and the Defendants (Respondents) are the sons of Naraindas's brother Ganpatlal. Mangilal died on 4-7-1893, Ghasiram on 20-11-1897 and Naraindas on 10-12-1920.

The Plaintiff's case was that Mangilal and Ghasiram both had purchased village Nasirabad for a consideration of Rs.5,000 on 26-2-1887 and they both had an equal share in it. The village was thus shown in their names in equal shares of 0-8-0 each in the settlement khewat of 1891-92 (see Exh. P-1). After the death of Mangilal in 1893, his share was mutated in the names of Naraindas and Ganpatlal, while Ghasiram continued to own his 0-8-0 share. When Ghasiram died in 1897, his share was recorded in the names of Naraindas and Ganpatlal in equal shares. Thus Naraind































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