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

1918 Supreme(SC) 2

Hardit Singh and others – Appellant
Versus
Gurmukh Singh and others – Respondent


Advocates Appeared:
T.L. Wilson and Co., W. Garth

Lord Buckmaster :-

The question in this appeal is whether the appellants have an interest jointly with the respondents in a village known as Bhagsar.

In the proceedings, out of which the appeal has arisen, the appellants were the plaintiffs and the respondents were the defendants, and in that suit the two material issues were, first, whether the property in question was part of a joint family estate, and, secondly, if it were, whether the plaintiffs, who were members of the family, had lost their right by abandonment, acquiescence, or adverse possession. The finding of the two Courts that the property was originally joint is not challenged, and the only question is that raised by the second issue. Upon this the Subordinate Judge of Ferozepore found in favour of the appellants, and his judgment was reversed by the Chief Court of the Punjab. In considering the soundness of this latter judgment it is important to bear in mind certain facts with regard to the possession of joint property, which distinguish it from property separately held. In the former case the phrase "exclusive possession" has an equivocal meaning; in the latter it has not. If by exclusive possession of joint estate i







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