ANARI DEVI Vs. PARMESHWARI DEVI
LAWS(SC)-2006-2-54
SUPREME COURT OF INDIA
Decided on February 04,2006

Anari Devi And Ors Appellant
VERSUS
Parmeshwari Devi And Ors Respondents


Referred Judgements :-

STATE OF BOMBAY V. OANDURANG 10 VINAYAK CHAPHALKAR AND OTHERS [REFERRED TO]
GURUPAD KHANDAPPA MAGDUM VS. HIRABAI KHANDAPPA MAGDUM [REFERRED TO]





JUDGEMENT

- (1.)Heard learned counsel for the parties.
(2.)Leave granted.
(3.)A suit was filed before the Sub -Divisional Officer by the respondents for partition of suit properties claiming two -third share therein. In the plaint, it was plaintiffs' clearcut case that the partition suit was filed for partition of notional share of Nagar Mal. Undisputedly, the suit properties were ancestral one in the hands of Nagar Mal, who adopted one Nemi Chand as his son, and after adoption both of them constitutes a Mitakshara coparcenary under Hindu law. Further it was undisputed that Nagar Mal died in the year 1989 intestate in the state of jointness with his adopted son leaving behind him, his adopted son Nemi Chand and the plaintiffs, who were his two daughters.


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