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1941 Supreme(Nagpur) 14

STONE, VIVIAN BOSE
SETH NARAINBHAI ICHHARAM KURMI – Appellant
Versus
NARBADA PRASAD SHEOSAHAI PANDE – Respondent


Advocates Appeared:
K C Jain, M R Bdbde, R N Padhye, V K Sanghi, Advocates

JUDGMENT

1. The plaintiff sues for a declaration that he is the owner of the property in suit consisting of two houses. He states that the cloud on his title is a claim by defendants 2, 3 and 4 against defendant 1, Budhabai in which they have attached this property as hers and brought it to sale. The facts are as follows: One Sheosahai died on 1st January 1917, leaving behind a widow, defendant 1, Budhabai. Before his death he executed a document, Ex. P-4, dated 24th June 1911, called a tabniyatnama on which the plaintiff now founds his title. The plaintiff states that he was fraudulently kept from knowledge of this document by Budhabai and that he did not come to know about its existence until the year 1928. But of that later. When Sheosahai died the plaintiff was living with Budhabai and was a minor, being then about 14 years of age. Budhabai was in possession and managed the estate along with an agent Shankerlal. She immediately set up title in herself and applied for mutation in her name. This was granted on 4th January 1918. Thereafter the plaintiff instituted an application for probate on the basis of a will which purported to leave all the property to the plaintiff reserving




















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