Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Lease: Government land - Tenancy rights |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Lease:Government land - Tenancy rights - Disposal of by means of a will - Explained - Original tenant bequeathing the property by a will in favour of his children and wife - Appointing his wife as a residuary legatee - Wife died intestate - Held: As per s.52 of Indian Succession Act, prior to the amendment of 1991, a Parsi female intestate's property shall be divided equally amongst her children and the statute does not distinguish between step-children and children - Tenancy which was jointly held by residuary legatee and her. sons devolved upon her sons on her death by virtue of their being joint tenants and her heirs under Indian Succession Act - Therefore, transfer by BMC in favour of second defendant is illegal and void ab initio - Consequently, all events that follow, i.e. surrender of part of tenancy by second defendant and in lieu allotment of new plot to him also rendered void ab initia and construction by appellants on said plot is illegal - Indian Succession Act, 1925 - s. 52. Subsequent events:Moulding of relief - By High Court in appeal u/s 96 CPC - Held: In ordinary course of litigation, rights of parties are crystallized on the date the suit is instituted and only set of facts must be considered - However, in the interest of justice, a court including a court of appeal u/s 96 CPC is not precluded from taking note of developments subsequent to commencement of litigation, when such events have a direct bearing on the relief claimed by a party or on the entire purpose of the suit, and courts taking note of the same should mould the relief accordingly - In the instant case, appellants during pendency of civil suits sought interim orders from High Court and on the basis of said orders constructed structure on the condition that rights of five flats were to be retained and they were subject to the outcome of the suit - High Court taking note of the subsequent events has correctly moulded the relief and allotted five flats to five respondents as per their share.- Code of Civil Procedure, 1908 - s.96 - Power of appellate court to mould relief pursuant to subsequent events. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2014 INSC 341 |
Petitioner | Gaiv Dinshaw !rani & Ors. |
Respondent | Tehmtan Irani & Ors. |
SCR | [2014] 5 S.C.R. 646 |
Judgement Date | 2014-04-25 |
Case Number | 4887 |
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