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1977 Supreme(MP) 1043

G.P.SINGH
Gorabai – Appellant
Versus
Banshi – Respondent


Advocates Appeared:
For the Appellant : P.S. Khirwadkar
For the Respondent: Atul Zade

Short Note :

1. The suit giving rise to this appeal was instituted by the plaintiff-appellant for recovery of possession of Khasra No. 43 of village Hardi, Tahsil Rehli, District Sagar. The suit was also for return of ornaments valued at Rs 2,500/-.The plaintiff's case was that on the death of her uncle Natthoo the properties which she inherited from Natthoo were entrusted to the defendant Banshi. Banshi was also de facto guardian of the plaintiff. The plaintiff became major sometime in 1957. On 23rd February 1948, defendant Banshi executed a sale-deed of Khasra No. 43 in favour of his son Harju, defendant No. 2, for a sum of Rs. 200/-. In this sale-deed, Banshi purported to act as guardian of the plaintiff. The plaintiff's case further was that ornaments valued at Rs. 2,500/- were also in possession of defendant Banshi in the capacity of de facto guardian or manager. A part from other pleas, it was pleaded by the defendants that in 1961 a sum of Rs. 200/- relating to the sale of Khasra No. 43 was returned to the plaintiff by Ex. D-2 and the plaintiff affirmed the sale. The defendants denied any entrustment of ornaments. The trial Court decreed the suit. But in appeal, the suit was


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