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Mynotes_247 MP HIGH COURT JJA ENGLISH MOKE TYPING TEST 17
created Nov 26th, 16:04 by Anamika Shrivastava
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This appeal has arsen out of a suit for partition filed by Kailashi, son of Ram Chander, minor, under the guardianship of his mother, Mt. Ram Dulari, against the defendants, Shankar and Ram Dayal, brothers of Ram Chander: and uncles of the minor. Plaintiff's case was that his grandfather, Bhagwants, died in the year 1937 and his father, Ram Chander, died in the year 1920 an that Bhagwanta with his sons and grandson formed a joint Hindu family. If the family was joint plaintiff's share on partition on the date of suit was one-third, according to Hindu law. The plaintiff claimed partition of his one-third share and further claimed mesne profits from August 1937 when the plaintiff was excluded from the enjoyment of the property. Defendants' case was that Bhagwanta did not inherit any property from his father and whatever property was acquired by him was his self-acquired property. The defendants further alleged that certain items included in the plaint were the personal property of the defendants, and that as regards the property that belonged to Bhagwanta he had left a will dated 19th May 1936 under which the plaintiff was entirely excluded and the entire property came to the defendants. The defendants further pleaded that about seventeen or eighteen years before the suit there was a partition between Bhagwanta and his three sons and Ram Chander was given property worth about Rs. 2000 and was separated. The reson given for this partition was that Mt. Dulari was not of good character. The defendants also pleaded that for the. last twenty-five years the defendants had been carrying on the business of purchasing and selling mules and Bhagwanta had no concern with this business nor had the plaintiff any connexion with it. The lower Court has held in favour of the defendants that Ram Chander had separated from the family and had died as a separated member. That the property was the self-acquired property of Bhagwanta, that he had before his death given away this property under his will, which was a perfectly valid document that no part of the
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