Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1955 Sections 15(/)(b) and 15(2)(b): Hindu Succession Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Succession Act, 1955; Sections 15(1)(b) and 15(2)(b): Property in dispute allegedly purchased by appellant and respondent from different persons-legal heirs-Suit for declaration of title and permanent injunction filed by one of the vendees-Dismissed by Trial Court holding that both the parties failed to prove the title of their respective vendors in the suit property-Affirmed by first Appellate Court-Reversed by High Court holding that the Vendor/respondent had conveyable title to the suit property since the property was inherited by him as the only legal heir of the deceased owner/successor-On appeal, Held: Sale of the property effected in favour of respondent-Vendee did not convey any title as the vendor not proved to be the owner of the property-High Court erroneously reversed the findings of fact recorded by Court below without concluding the same as perverse-Hence set aside. Code of Civil Procedure, 1908; Section 100: Second Appeal-Jurisdiction of High Court-Held: Existence of substantial questions of law is the sine qua non/or the exercise of jurisdiction by High Court for entertaining second appeal. The Suit property was owned by the father of M & V, two brothers. Appellant claims to be the purchaser of the suit property from descendants of M and the respondent claims to be the purchaser of the same property from descendants of V, brother of M. Respondent filed a suit for declaration of title and permanent injunction restraining the appellant from disturbing his possession. It was averred in the plaint that the suit property belonged to one V who sold it to his two daughters for Rs. 300 as consideration amount. Since one of the daughters died issueless, her share in the property came to the share of her sister. Later, she also died issueless. One G claiming himself to be her step son succeeded to her estate by virtue of Section 15(1)(b) of the Hindu Succession Act. He sold the property to respondent-vendee, one of the claimants. Since appellanta-nother claimant of the property was interfering with the peaceful enjoyment of the property, the respondent filed a declaratory suit. Trial Court dismissed the suit holding that the sale deed executed in favour of the respondent was not a valid one and also the sale made in favour of the appellant was not proved. First Appellate Court upheld the order of the Trial Court. But High Court reversed the findings of the Courts below. Hence the present appeal. It was contended for the appellant that the questions of law formulated by the High Court at the time of admission of the appeal did not raise earlier and the High Court failed to determine any one of them; and that the High Court erroneously assumed that once the questions of law have been framed, it gets the jurisdiction to decide the appeal . |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2005 INSC 64 |
Petitioner | Govindaraju |
Respondent | Mariamman |
SCR | [2005] 1 S.C.R. 1100 |
Judgement Date | 2005-02-04 |
Case Number | 2292 |
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