Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | binding on the family suit for declaration karta sold property legal necessity and benefit of the family Collusive suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Suit – Collusive suit to avoid execution of decree – Defendant No.3/respondent No.3 sold the suit property to one ‘B’ by registered sale deed dated 07.10.1965 – On death of ‘B’, defendant No.1 & 2/respondent Nos. 1 & 2 inherited the suit property – Some dispute arose between defendant no.3 and defendant nos. 1 & 2 – Thereafter, defendant No.1 & 2 filed suit against defendant No.3 for declaration of title over the suit property – Trial Court by judgment/decree dated 31.01.1975 held that defendant Nos.1 & 2 were the owners of suit property – This decree attained finality – Thereafter, two plaintiffs (sisters of defendant No.3) filed a suit against defendant No.1 & 2 for declaration that decree dated 31.01.1975 and sale deed dated 07.10.1965 were not binding on both the plaintiffs – Suit dismissed by the Trial Court – First appeal and second appeal were also dismissed by the First Appellate Court and the High Court respectively – On appeal, held: All three Courts were right in their reasoning and conclusion – It was a collusive suit filed at the behest of defendant No.3 through his two sisters and family members to avoid execution of a valid decree dated 31.01.1975 – The sale of the suit property was made by the Karta-defendant No.3 for legal necessity and benefit of the family, the same was binding on all the members of the family including the plaintiffs – Thus, the findings were recorded on proper appreciation of facts and law and hence no interference required. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2019 INSC 571 |
Petitioner | Hirabai (d) Thr. L.rs. & Ors. |
Respondent | Ramniwas Bansilal Lakhotiya (d) By L.rs. & Ors |
SCR | [2019] 6 S.C.R. 1052 |
Judgement Date | 2019-04-25 |
Case Number | 4282 |
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