Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Partition Act 1893 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Partition Act, 1893 (4 of 1893) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Partition Act, 1893 - Suit.for partition of house-Family settlement on the basis of an award grounded upon compromise-No share given to plaintiff in suit-Plaintiff not entitled to share in property .Chander Mohan made a gift of the home in dispute in favour of Gyan Chand, but later on he filed a suit for cancellation of the gift. The suit was referred to the arbitrator who made his award, which was accepted by the Court and a decree followed. Under the decree Chander Mohan got a right of enjoyment during his life time. Gyan Chand and the sons of Mohinder Mohan, another brother of Chander Mohan, together got one-third share each. The remaining one-third share went to the daughter of Chander Mohan with life interest and after her, absolutely to her son. Later the three sons of Mahinder Mohan filed a suit asking for exclusive possession of their one-third share in the disputed house. Finally, the High Court held that they were not entitled to a share in the property. The widow and son of Chander Mohan filed a suit claiming two-third shares in the property and for partitioning thereof. The trial Court dismissed the suit holding that the award was void and the gift operated and since under it, no share was given to them, they had no right to sue for partition. However, in appeal, the High Court found that they had one-third share and decreed their claim to that extent. |
Judge | Honble Mr. Justice Ranganath Misra |
Neutral Citation | 1986 INSC 255 |
Petitioner | Gian Chand Kapur (dead) By Lrs. |
Respondent | Rabindra Mohan Kapur & Ors. |
SCR | [1987] 1 S.C.R. 398 |
Judgement Date | 1986-12-03 |
Case Number | 558 |
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