SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1994 Supreme(SC) 991

K.RAMASWAMY, M.N.VENKATACHALIAH, S.C.AGRAWAL
Khushalchand Swarup Chand Zabak Jain, Jalgaon – Appellant
Versus
Sureshchandra Kanhaiyalal Kochar – Respondent


Advocates:
A.M.KHANWILKAR, Alamjit S.Nand, S.D.Mudaliar, V.A.BOBDE

ORDER

1. The unsuccessful plaintiff is the appellant before us. One Raja Bai had executed a gift deed dated 20-6-1957 in favour of Respondent 1 Sureshchandra Kanhaiyalal Kochar. She died on 21-5-1966. About five months prior to her death she executed a registered Will dated 27-12-1965 in favour of the appellant bequeathing the self-shared property gifted over to the first respondent under the Gift Deed dated 20-6-1957. Initially the appellant filed the suit against the tenants claiming possession thereof but when they pleaded the gifting over in favour of Sureshchandra, the appellant impleaded him as a third respondent who had pleaded in the written statement that Raja Bai had bequeathed the property to him under the Gift Deed dated 20-6-1957. Thereafter the appellant has amended the plaint and sought for a declaration that he is the owner of the property. The trial court decreed the suit. In First Appeal No. 174 of 1974 and Letters Patent Appeal No. 60 of 1984 the learned Single Judge of the High Court and the Division Bench had held that the gift deed was duly executed by Raja Bai in favour of Sureshchandra and, therefore, the appellant does not get any right under the Will. Accor






Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top