Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Succession Act 1925-Sections 247 227 and 211 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Succession Act, 1925-Sections 247, 227 and 211-Grant of probate of will in favour of sisters in respect of two premises-Challenged by brothers in first appeal-During pendency, sisters appointed administrators-cum-Joint Receivers-Permission by High Court to lease out both the premises-Possession of only one premises given to lessee and that of other premises denied on ground of illegal construction made by lessee-Non-execution of lease deed-Application of lessee, dismissal of by High Court-Meanwhile, first appeal dismissed, disposing of all pending matters-Suit for specific performance of lease agreement, with leave to sue Joint Receivers-Permission granted to sue Joint Receivers in respect of first premises but no order with regard to other-SLPs dismissed, however, liberty granted to move High Court-Direction to Joint Receivers to execute lease deed/or both the premises by High Court-Correctness of-Held: Once first appeal filed by brothers dismissed, property vested with sister and they became absolute owner Property no more custodian legis and Joint Receivers stood discharged-High Court had no jurisdiction to pass orders on subsequent applications when matter disposed of, as such, order unsustainable-However equity created in favour of lessee Joint Receivers directed to execute lease deed for first premises-Further, since no case made out to seek specific relief for second premises, grant of damages do not arise-Specific Relief Act, 1963-Section 21. Doctrines-Principle of Merger-Application of-Held, dismissal in limine does not amount to upholding of law propounded in decision appealed against-So, principle of merger is not applicable-Constitution of India, 1950-Article 136. Mother executed a will and bequeathed two properties in favour of her daughters - appellant and J. Both the sisters, being joint executrix under the will, filed an application for grant of probate. Brothers contested the same. However, probate was granted in favour of the sisters. Brothers filed first appeal before the High Court. During pendency, High Court appointed the sisters as administrators-cum-joint receivers pendete lite. Application was also filed seeking permission to lease out both the premises. High Court granted permission to lease out the premises in favour of the respondent No 1 for 21 years. Respondent No. 1 was given possession of only one of the premises. He made certain illegal constructions therein and as such the possession of the other premises was not given and also lease deed was not executed for both the premises. Joint receivers filed suit for modification against respondent but the same was dismissed for non-prosecution. Respondent filed an application for direction for possession of the second premises and also for execution of lease deed for both the premises. High Court dismissed the application as the petitioner had not come with clean hands by raising illegal constructions. Aggrieved, respondent no.1 filed SLP. Meanwhile, High Court dismissed the first appeal by way of compromise between the parties, which disposed of all the pending applications. Thereafter, respondent filed suit for specific performance of the agreement granting lease of both the premises and also filed an application to sue joint receivers. High Court granted permission to sue joint receivers in respect of the first premises but no order was passed in respect of the other premises. Respondent No. 1 then filed SLP. Both SLPs' were dismissed. As per the direction of this Court, respondent filed application before the High Court for directions and orders upon the administrator-cum-receivers. Application was allowed and appellant was directed to execute the lease deed with regard to both the premises. Hence the present appeal. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2005 INSC 187 |
Petitioner | Subhadra Rani Pal Choudhary |
Respondent | Sheirly Weigal Nain And Ors. |
SCR | [2005] 3 S.C.R. 270 |
Judgement Date | 2005-04-06 |
Case Number | 1103 |
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