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1971 Supreme(SC) 26

V. BHARGAVA, S. M. SIKRI, A. N. GROVER, J. C. SHAH, K. S. HEGDE, I. D. DUA
Dayaram – Appellant
Versus
Dawalatshah – Respondent


Advocates:
A.G.Ratnaparkhi, K.RAJENDRA CHAUDHARY, M.N.Phadke, V.N.SVAMI, V.S.DESAI

Judgment

SHAH, C.J.I. :- Dawalatshah and Ranwirshah-sons of Pratapshah-instituted an action in the Court of the Additional District Judge Chanda, for a decree for possession of property immovable (including the Zamindari of Dhanora) and movable specified in the Schedules annexed to the plaint, and for an order for payment of mesne protests and also for recovery of tile amount of compensation in respect of certain lands received by the defendants from the Government of Madhya Pradesh and for an order declaring their right to receive the balance of compensation remaining to be paid. The plaintiffs relied upon the following genealogy:

2. The plaintiffs claimed that the property in suit originally belonged to Gangashah. Gangashah had five sons: Hiru, Bhakta, Sakru, Kajur and Raju. The branches of Sakru and Kajur became extinct a long time ago. The branch of Hiru (who was the eldest among the five sons of Gangashah) became extinct with the death of Amarshah on December 9, 1950. The plaintiffs-sons of Pratapshah claimed the Zamindari held by Amarshah relying upon the rule of primogeniture, and the other estate of Amarshah as devisees under the will of Amarshah executed on December 3, 1950.


















































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