HIDAYATULLAH, V R.SEN
PANNALAL – Appellant
Versus
SITABAI – Respondent
1. This appeal is by the Defendants in a suit for partition brought by one Sitabai alias Chanchalbai widow of one Maganchand Jain who died in the year 1941. Along with the appeal there is also a cross-objection filed by the Respondent.
2. The genealogy of the family is as follows:
Amarchand (Dead) | -------------------------------------------------- | | | Batanchand Maganchand Chhaganlal (Died 1926) (Died on 7-10-1941) (Died about 1914, = Sitabai alias Chan- | chalbai(Plff.) | | ---------------------------------------------- | | | Pannalal (Deft. 1) Motilal (Deft. 2) Champalal (Deft. 8.)
Admittedly, Maganchand belonged to a joint family consisting of himself and his three nephews, who are the Appellants. Maganchand died on the 7th October 1941 and this suit was brought by his widow Sitabai on the 29th April 1942 for a partition of the joint family property, claiming as a widow entitled to a half share in the property under the Hindu Women's Rights to Property Act, 1937. Along with the plaint, Sitabai filed schedules of the property belonging to the family. These schedules were partly admitted by the Defendants in the suit, but their main contention was that Sitabai was not en
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