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1937 Supreme(Nagpur) 75

NIYOGI
ANUPA BAI W/O GORELAL KIRA – Appellant
Versus
BHAGWANT SINGH – Respondent


Advocates Appeared:
A R Kulkarni, B L Gupta, D N Chaudhuri, M B Kinkhede, M R Bobde, Advocates

JUDGMENT

Niyogi, J—This is a plaintiff's appeal from a reversing judgment of the District Judge, Jubbulpore. The plaintiff sued for a declaration that the sale deed relating to 8 annas share of mouza Nainpur executed by her on 3rd March 1928 in favour of defendant 1, Himmat Singh, since deceased, who is now represented by his legal representatives, was invalid and that it should be set aside with an order to deliver back possession of it to the plaintiff. The proved facts which are now beyond controversy are that the plaintiff's husband died round about the year 1920 survived by two widows of whom the plaintiff was the junior one. The senior widow by name Mt. Yasodabai, who was managing the property after her husband's death, died in June 1927, and the plaintiff became the sole owner of the property which consisted of a house at Nainpur and 8 annas malguzari share of mouza Nainpur. Defendant 2 and his father Chhattar Singh, who claimed to be presumptive reversioners, contested the plaintiff's right to mutate her name in the Revenue Court, but her name was recorded in the register of proprietary mutations in spite of their dispute. Evidently the reversioners bore a grudge against her















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