RAGHUNATHSINGH NATHA Vs. BHERUSINGH GANGARAM

JUDGEMENT

(1.) THIS is an application by one Raghunathsingh S/o Natha for leave to appeal under Section 23, Madhya Bharat High Court of Judicature Act.

(2.) IN this case one Natha made a partition of joint family estate keeping one share to himself, one to his son Raghunathsingh and one to his son Gangaram father of the Plaintiff Bherusingh. Natha died in about 1916/17 after making the partition. Natha's share consisting of the land in dispute devolved on his sons Raghunathsingh and Gangaram. However, the land and the property which fell to the share of Natha was allowed by Raghunathsingh and Gangaram to remain with Natha's widow Gendibai for maintenance till 1934 -35 when Gendibai died.

(3.) IN appeal the important point to (sic)sidered was as to how the title to agriculture holdings is acquired and the second, point assuming that a person is not in possession of agricultural holdings for more than 12, (sic) and it is in possession of one who is not (sic) under the law to hold the land, whether the of limitation can be pleaded.