Kailash Pati Devi vs Bhubneshwari Devi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1984 Supreme(SC) 180

SUPREME COURT OF INDIA
Y.V. CHANDRACHUD CJI., D.P. MADON AND RANGANATH MISRA, JJ.
Smt. Kailash Pati Devi, Appellant
Versus
Smt. Bhubneshwari Devi and others, Respondents.
Civil Appeal No. 2798 of 1980
Decided on 18-7-1984.
Advocates appeared

Mr. Yogeshwar Prasad, Sr. Advocate and Mrs. Rani Chhabra, Advocate, for Appellant; Mr. Pramod Swarup, Advocate, for Respondents.
* S. A. No. 2194 of 1977, Dated 4-4-1980 (All).

Advocates:
RANI CHHABRA, YOGESHAR PRASAD

Headnote:
Property - Joint Hindu family - Member - Suit for partition - Purchaser of joint family property from a member of a joint Hindu family may have right to file a general suit for partition against members of joint family and, indeed, that may be proper remedy for him to adopt to effectuate his purchase - But, that question is of academic importance here since it appears that property involved in this suit, which was purchased by appellant from one of members of joint Hindu family, is only joint family property available for being partitioned – Held, no equities to be adjusted as between parties - Accordingly, Court agree with concurrent findings recorded by trial Court, District Court and High Court and dismiss this appeal - There will be no order as to costs - Appeal dismissed.

JUDGMENT

CHANDRACHUD, CJI.:—The purchaser of joint family property from a member of a joint Hindu family may have the right to file a general suit for partition against the members of the joint family and, indeed, that may be the proper remedy for him to adopt to effectuate his purchase. But, that question is of academic importance here since it appears that the property involved in this suit, which was purchased by the appellant from one of the members of the joint Hindu family, is the only joint family property available for being partitioned. There are, therefore, no equities to be adjusted as between the parties. Accordingly, we agree with the concurrent findings recorded by the trial Court, the District Court and the High Court and dismiss this appeal. There will be no order as to costs.

Appeal dismissed.

For Citation: AIR 1984 SC 1802

Vikas Info Solutions Pvt. Ltd.

Click Here to Read the rest of this document