HIGH COURT OF MADHYA PRADESH
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Samvatsar, J. -
(1.) THIS appeal is filed by the Plaintiffs whose suit has been dismissed by the Civil Judge, 1st Class, Dewas.
(2.) THE Plaintiffs are real sisters, daughters of one Kalekhan, now deceased and have brought this suit out of which the appeal arises, in the Court of the civil Judge, 1st Class at Dewas against their brOrs. Munna and Daddu for partition of property left behind by their father Kalekhan. The Defendants 3 to 7 and 8 to 11 are respectively the heirs of one Mangal and one Sayakhan, the deceased sons of the aforesaid Kalekhan.
2a. Kalekhan died about the year 1922 -23 leaving behind his four sons and three daughters and some property consisting of agricultural land, houses and movables. The parties are Muhammadans and the Plaintiffs have claimed that each one of them has got 1/11 share in the property left by their deceased father.
The Defendant No. 1 filed his written statement in which he admitted the whole claim of the Plaintiffs whereas the Defendants 3 to 11 have remained 'ex parte'. The suit is therefore contested by Defendant No. 2 alone. The Defendant No. 3 has in his written statement alleged that deceased Kalekhan had divided his assets during his life time amongst his sons and had given to the daughters whatever he thought fit to give them.
After the assets were divided, Kalekhan's three sons separated from him and Kalekhan remained joint with his youngest son, the Defendant No. 2 (who was perhaps a minor) and managed the property which he had retained for himself and for his minor son the Defendant No. 2.
(3.) ON Kalekhan's death the land was mutated in joint names of all the sons though each one of them was in separate possession of the portion allotted to him by the deceased. It was alleged that the land that remained in his possession on his father's death and that which he subsequently acquired was his exclusive property and the Plaintiffs had no share in it.;
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