JUDGEMENT
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(1.)This appeal comes on before us by reason of a reference made by our learned brother Manohar Pershad, J.
(2.)Defendants 1 to 3 and 6 are the appellants. The suit was filed by the 1st respondent herein for recovery of possession of the B schedule properties and mesne profits, past and future. Her case was that the properties belonged to her mother Janaki Busamma, and that on her death, they devolved upon her and her sister Nagamma, and that for the sake of beneficial enjoyment, they partitioned the B Schedule properties and some other properties and that in that partition, the B schedule properties fell to the share of Nagamma. She claimed that on the death of Nagamma in the first week of June, 1950, she was entitled to recover those properties from the defendants who are in possession, thereof.
(3.)Defendants 4 and 5, in possession of items 6 to 8, did not contest the suit. Defendants 1 to 3, in possession of items 1 to 5 pleaded in their written statement that Nagamma had acquired absolute rights in the suit properties and that the plaintiff was estopped from contending that Nagamma had no absolute rights in those properties.
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