K.RAMASWAMY, M.N.VENKATACHALIAH, S.C.AGRAWAL
Khushalchand Swarup Chand Zabak Jain, Jalgaon – Appellant
Versus
Sureshchandra Kanhaiyalal Kochar – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.