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1960 Supreme(MP) 263

T.C.SHRIVASTAVA, S.P.BHARGAVA
Ghasnin Dauram – Appellant
Versus
Kaushalya – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: N.N. Pandey
For Respondents/Defendant:R.K. Pandey for Respondent No. 1

JUDGMENT

T.C. Shrivastava, J.

This appeal under clause 10 of the Letters Patent has been filed by Mst. Ghasnin against the judgment in Second Appeal No. 937 of 1955, decided on 7-8-1958. A cross-appeal has been filed by respondent No. 1 Mst. Kaushalya. The learned single Judge, who decided the second appeal, granted leave to both the parties to file appeals. The judgment disposes of both the appeal and the cross-appeal.

The appellant Mst. Ghasnin is the daughter of one Daji, respondent No. 2 Mst. Sonki is his widow and Mst. Fulki (respondent No. 3) is his daughter. Daji died on 25-8-1947 leaving behind his widow Mst. Sonki and two daughters Mst. Ghasnin and Mst. Fulki as also a son Mehtar. Mehtar died in September 1947. Daji had executed a will bequeathing his lands and house to his son Mehtar and therefore after his death, Mehtar succeeded to the property. After Mehtar's death, his mother Mst. Sonki (respondent No. 2) succeeded to the estate.

On 17-6-1948, Mst. Sonki executed a registered sale deed (Exh. P-2) in favour of Mst. Kaushalya (respondent No. 1) conveying her occupancy lands, area 5.30 acres, for Rs. 1,500 only. On 22-6-1948, she executed another sale deed (Exh. P-3) in favo















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