Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908:s. 152 - Clerical mistake can be rectified by court in exercise of inherent powers under s. 152 provided such mistake is genuine and bona fide Administration of justice. Inheritance: Land acquired by FCI, found to be surplus - Returned to widow of original owner who was one of the heir on payment of certain sum - Claim for share in the land by the other heir- Held: It was reversion of land and not purchase by widow in her own right - She received it as representative of original owner, therefore, ownership of reverted land has to be shared by the other heir. 'D' and 'M' were brothers. 'M' was father of appellant. The suit property was owned by 'D' who died in 1968 leaving his wife, respondent 1 and his mother 'R' as natural and legal heirs. 'R' executed a registered Will in favour of her grandson, the appellant. However, the land left by 'D' was mutated. in favour of respondent 1 on the basis of Will. Appellant filed a suit for possession claimjng half share in the property bequeathed by Will in his favour by his grandmother, which was decreed. In the execution proceedings, it was found that Khasra number 25R/52 was wrongly mentioned in the decree instead of 26R/52 due to which decree was not executed. Certain other lands owned by 'D' was acquired by FCI during his life time. After his death, a part of that land was re-conveyed in view of the fact that the FCI found that the said acquired land was surplus.Appellant filed a suit for declaration that he was a co-sharer of the land returned by FCI to respondent 1 and the land which was wrongly described in the earlier suit. The suit was decreed. The appellate court allowed the ~ appeal of respondent 1 holding that in the earlier suit, the .. description of property was wrong and the remedy available to appellant was to move an appropriate c application under section 152 CPC. Regarding other portion of the property, the appellate court was of the view that the same was barred under Order 2 Rule 2 CPC, as claim regarding the said property not having been made in the earlier suit, the appellant was barred from claiming the same in the second suit. High Court dismissed the appeal. Hence these appeals. |
Judge | Hon'ble Mr. Justice Mukundakam Sharma |
Neutral Citation | 2009 INSC 192 |
Petitioner | Tilak Raj |
Respondent | Baikunthi Devi (d) By Lrs. |
SCR | [2009] 2 S.C.R. 452 |
Judgement Date | 2009-02-13 |
Case Number | 1058 |
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