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1955 Supreme(Nagpur) 34

HIDAYATULLAH, R.KAUSHALENDRA RAO
RAMDAYAL REMCHANDRALAL – Appellant
Versus
CHATURBHUJLAL RAMKISANLAL – Respondent


Advocates Appeared:
M R Bobde, P R Padhye, V L Prabhune, Advocates

JUDGMENT

1. This appeal is by the first Defendant. The suit was instituted by the first two Respondents for declaration and possession of certain property, confirmation of possession of other property and for the recovery of past and future mesne profits together with the recovery of specific movables.

2. The following genealogy is helpful in understanding the case:

YADAORAO | Kanhyalal (D. 1926)=Gendabai (D. Feb. 1943) | ________________________________________________________________ | | | | Girdharilal Chaturbhujlal Ramchandra = Chandrabai Ramkisanlal Deft. 2) (Plff. 1) (D. 1932) (D. 9-4-1942) (Plff. 2) | Ramdayal (Deft. 1) (alleged adoption 9-2-1942)

3. Chaturbhujlal and Ramkisanlal claimed the property in suit as the reversioners of the estate of Ramchandra on the death of his wife Chandrabai on 9-4-1942. According to the Plaintiffs, Girdharilal the second Defendant forfeited his right as a reversioner by reason of his collusion with the first Defendant. This was however rejected by the appeal Court and no further question is raised in the present appeal about this part of the Plaintiffs' case.

4. As the first Defendant alleged that he had been adopted by Chandrabai on 9-2-1942, t















































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