Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1920 Punjab Custom (Power to Contest) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Punjab Custom (power to Contest) Act, 1920 (2 of 1920) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Punjab Custom (Power to Contest) Act, 1920: Dispute betweenplaintiff-son, father and the defendants-purchaser of the suit landfrom father – Suit for declaration that the sale deed in relation tothe suit land was not binding on the plaintiff and sale in questionwas void and does not convey any right, title and interest in favourof purchasers – Held: The sale deeds reflected the factum of familydebts – The plaintiff ’s father, being a Karta of the family, had everyright to sell the suit land belonging to family to discharge the debtliability and spend some money to make improvement in agricultureland for the maintenance of his family – Once the factum of existenceof legal necessity stood proved, then, no coparcener (son) has aright to challenge the sale made by the Karta of his family – Theplaintiff being a son was one of the coparceners along with hisfather – He had no right to challenge such sale in the light offindings of legal necessity being recorded against him – It was moreso when the plaintiff failed to prove by any evidence that there wasno legal necessity for sale of the suit land or that the evidenceadduced by the defendants to prove the factum of existence of legalnecessity was either insufficient or irrelevant or no evidence at all –Suit liable to be dismissed – Hindu law – Right of Karta to sellfamily property. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 719 |
Petitioner | Kehar Singh (d) Thr. Lrs & Ors. |
Respondent | Nachittar Kaur & Ors |
SCR | [2018] 9 S.C.R. 986 |
Judgement Date | 2018-08-20 |
Case Number | 3264 |
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