Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Title suit First appellate Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Suit - Title suit - Plaintiff claiming title over the property left by her father - Allegation that defendant appointed as guardian of her father was in possession of the property even after the death of her father- Plea that after the mother of the plaintiff remarried after her father's death, plaintiff became the sole owner- Defendant stating that he was not in possession of the property and that some portion of the property was orally gifted to him by the father of the plaintiff - Trial court partly decreed the suit holding that she was entitled to only half share, as for half share her mother acquired the right of widow's estate and that she was not entitled to the part of property gifted by her father to the defendant - First appellate Court affirmed the decree - Division Bench of High Court set aside the decree holding that the plaintiff was entitled to the entire property - On appeal, held: Plaintiff was entitled to decree in her favour - Defendant No. 1 was in the helm of affairs pertaining to the property for the benefit of widow and the plaintiff after the death of the owner and for the benefit of plaintiff after the civil death of the widow (due to her remarriage) - The claim of defendant by way of oral gift has no sanctity.Plalntlff-respondent No. 1 field a suit for title over the suit property. The case of the plaintiff was that the suit property originally belonged to her father 'S'. The property was being managed by defendant No. 1 as he was appointed as guardian of 'S' by the Court. Defendant No.1 taking advantage of his position, got executed two 'zerpesgi' deeds, one in favour of his nephew 'M' and another in favour of one 'D' without any consideration. After the death of 'S', the property was in possession of his widow 'P' and the plaintiff was a minor. After 2 to 3 months of the death of 'S', 'P' married 'M', and after the remarriage, plaintiff inherited the suit property. Defendant No. 1 was still in possession of the property. The defendants contested the suit, stating that 'S' had taken possession of his property after attaining majority. 'S' orally gifted some part of land to defendant No. 1 in lieu of his services as guardian and also for performing shraddh of his mother, and that 'zerpeshgies' were genuine transactions. Trial court decreed the suit in part holding that plaintiff was entitled to half share in the property and for half share her mother 'P' acquired the right of widow's estate by adverse possession. The Court also held that plaintiff was not entitled to recover the possession of that part of the property which was orally gifted by 'S' to defendant No. 1. Single Judge of High Court affirmed the judgment of trial court. In LPA, Division Bench of High Court set aside the decree passed by courts below and declared title and ownership of the plaintiff In respect of the entire suit property left by 'S'. Hence the present appeal by defendant-appellant. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2013 INSC 82 |
Petitioner | Sudish Prasad & Ors. |
Respondent | Babui Jonhia Alias Manorama Devi & Ors. |
SCR | [2013] 1 S.C.R. 801 |
Judgement Date | 2013-02-07 |
Case Number | 1012 |
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