Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | plaintiffs claimed only half the suit property Wilkinson's Rule Suit for declaration Suit decreed in respect of the entire suit property |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Suit: Suit for declaration that the plaintiffs were rightful owners of half share of the suit property - Suit decreed in respect of the entire suit property - Applying Wilkinson's Rule i.e. accepting the award passed by majority members of Panchayat - Appellate Authority affirmed the order - Writ petition was dismissed by Single Judge of High Court - Division Bench of High Court affirmed the order of Single Judge - Appeal to Supreme Court - Held: In the suit plaintiffs had claimed only half the suit property, hence decree awarding anything beyond the claim is liable to be set aside to that extent - In view of s. 2 of Kolhan Civil Justice Act also, the concurrent judgments, made on the basis of Wilkinson's Rule cannot be set aside - Bihar Kolhan Civil Justice (Regulation and Validation) Act, 1978 - s. 2. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2019 INSC 956 |
Petitioner | Janam Singh Kudada & Anr. |
Respondent | State Of Bihar & Ors. |
SCR | [2019] 11 S.C.R. 1016 |
Judgement Date | 2019-08-27 |
Case Number | 2575 |
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