Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 – s.96 – Or.XLI r.31 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure 1908 – s. 96 – Or. XLI r. 31 – Appellant and respondent are brother and sister – Suit filed by appellant against the respondent inter alia claiming partition and separate possession of one fourth share in properties described as item nos. 1 and 2 (ancestral properties) and one half share in the properties described in item no. 3 of Schedule ‘A’ to the plaint, alleged to be self-acquired property of their father on the basis of occupancy rights – Suit decreed by Trial Court – Respondent filed appeal, High Court held that the appellant was entitled to one fourth share instead of one half share in the property described at item no. 3 of Schedule ‘A’, decree was modified to this extent – Correctness of – Held: High Court in a very cursory and cryptic manner, partly allowed the first appeal – It did not consider the evidence considered by the Trial Court – Neither did it deal with the statements or the other documentary evidence on record and only on a bald statement of the respondent that he was jointly cultivating the land along with his father held that it became a joint family estate and, accordingly, reduced the share of the appellant to one fourth from one half – High Court committed serious error in neither forming the points for determination nor considering the evidence on record, in particular which had been relied upon by the Trial Court – Further, on facts there is no reason to remand the matter to the High Court – Impugned judgment set aside – Judgment and decree of the Trial Court is confirmed to the extent it relates to item no.3 of Schedule ‘A’ property described in the plaint – Thus, the appellant and respondent would be entitled to one half share each in the said property. Code of Civil Procedure 1908 – s. 96 – Or. XLI r. 31 – Scope, power and duty of the First Appellate Court – Discussed. |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2022 INSC 642 |
Petitioner | Somakka (dead) By Lrs |
Respondent | K.p. Basavaraj (dead) By Lrs |
SCR | [2022] 17 S.C.R. 668 |
Judgement Date | 2022-07-13 |
Case Number | 1117 |
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