Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for declaration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Suit for declaration - Predecessors-in-interest of parties ,. being brothers - Owned joint and self acquired properties Father of defendant executed registered sale deed selling his share in joint properties and his self acquired properties to plaintiff's predecessor-in-interest and executed settlement deed in terms whereof he obtained right to enjoy those properties during his life time - Suit for declaration and injunction based on title -Decreed - Decree upheld by first appellate court and High Court - Held: The documents were registered, thus carried presumption of valid execution - There was no proof to show that documents were sham - Suit was based on title - Once plaintiff proved title, onus shifted on defendants to prove adverse possession which they failed to discharge - Plea of defendants that documents were executed to save properties from creditors not plausible as no action was taken by creditors against them - Also no suit for cancellation of documents was filed in terms of s.31 of Specific Relief Act, 1963 - Long possession not sufficient to prove F adverse possession - Impugned order warrants no interference Adverse possession. 'B', father of the appellant and 'S', the predecessor in-interest of the respondents, were step brothers. They had some joint family properties. 'B' also had self acquired properties. He suffered substantial loss in his business and incurred loan of Rs.35000. On 21.7.1955, four registered deeds were executed in respect of the suit properties. The first was a deed of partition, in terms whereof, joint family properties were divided in equal shares and 'B' sold his share of joint family property '5'. He also allegedly sold his self acquired property to '5'. Two deeds of settlement on the same day were executed by 'S', in terms whereof, the lands transferred in his favour were settled to 'B' for enjoyment during his lifetime. However, it was stipulated that 'B' would not have any absolute right over the properties and was not entitled to alienate the same. 'B' died in the year 1958.After the death of 'S' which took place in the year .. 1977, respondents filed suits for declaration of title over - suit properties and possession claiming the same as the c heirs and LRs of '5'. The Trial Court decreed the suits and the decrees were upheld by the first appellate court and the High Court. The defendants filed the appeals. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 390 |
Petitioner | Vishwanath Bapurao Sabale |
Respondent | Shalinibai Nagappa Sabale & Ors. |
SCR | [2009] 4 S.C.R. 976 |
Judgement Date | 2009-03-23 |
Case Number | 1782-83 |
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