Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for possession of property forcible eviction adopted daughter of the widow |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Specific Relief Act, 1963 (47 of 1963) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Title - Suit for possession of property based apon the title.— Property enjoyed by widow as widow’s estate during life time — After widows death, widow’ late husband’ sister succeeded to the property and sold it to the plaintiff —- Thereafter, forcible eviction of plaintiff by defendant — Suit for possession by plaintiff based upon title — Case of defendants that defendant no. 3 was adopted daughter of the widow and succeeded to. the property by inheritance - Trial court dismissed the suit — First appellate court decreed the suit — However, High Court held that the sale deed was not proved for want of examination of the surviving sister and thus, it was necessary for the plaintiff to file a suit for declaration of title, thus, suit for possession could not have been filed - On appeal held: Widow was enjoying the property in her lifetime, though it appears that defendant no. 3 was residing with the widow, but she did not claim any derogatory title to the widow nor claimed adverse possession — Her claim of adopted daughter of the widow not established — Entry of possession in some revenue records simplicitor - does not confer any right to defendant no. 3 tq retain the possession of the property - Property on the death of the widow passed on to widow's late husband's sister being class IInd heir, as such she had the right to sell the property to plaintiff — Plaintiff could succeed in suit for possession on the strength of the title — Even if the sister had not placed plaintiff in possession of property on strength of his title conferred by way of sale deed,-he had right to recover , possession - Order passed by High Court dismissing the suit set asidé and the judgment and decree passed by the first appellate court restored. Allowing the appeal, the Court — |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2016 INSC 373 |
Petitioner | MUDDASANI VENKATA NARSAJAH (D) TH. LRS |
Respondent | MUDDASANI SAROJANA |
SCR | [2016] 2 S.C.R. 655 |
Judgement Date | 2016-05-05 |
Case Number | 4816 |
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