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2019 Supreme(SC) 703

UDAY UMESH LALIT, INDU MALHOTRA
Arshnoor Singh – Appellant
Versus
Harpal Kaur – Respondent


Advocates Appeared:
Mr. Manoj Swarup, Sr. Advocate, Mr. Ankit Swarup, Advocate, Ms. Vidisha Swarup, Advocate, Mr. Jawad Tariq, Advocate, Ms. Mansi Jain, Advocate, for the Appellant; Mr. Aabhas Kshetarpal, Advocate, Mr.Siddhartha Jha, Advocate and Mr. Anuj Bhandari, Advocate, for the Respondent.

Judgement Key Points

The paragraph in the judgment that discusses the property remaining ancestral after partition is (!) .


JUDGMENT

Indu Malhotra, J.

Leave granted.

1. The present Civil Appeal has been filed to challenge the Order dated 13.11.2018 passed in RSA No. 1354 of 2014 by the Punjab & Haryana High Court at Chandigarh.2. The background facts in which the present Civil Appeal has been filed are briefly stated as under:

Lal Singh

Inder Singh

Gurcharan Singh

(son)

Dharam Singh

(son)

Swaran Singh

(son)

Dharam Kaur

(daughter)

Arshnoor Singh (Appellant)

2.1. Lal Singh was the owner of large tracts of agricultural land in Village Khangarh, District Ferozepur, Punjab. The Appellant herein is the great-grandson of Lal Singh. The genealogy table of Lal Singh's family is set out hereinbelow for the sake of convenience:

2.2. Lal Singh passed away in 1951, and his entire property was inherited by his only son Inder Singh. In 1964, Inder Singh during his lifetime, effected a partition of the entire property vide decree dated 04.11.1964 passed in Civil Suit No. 182 of 4.11.1962 between his three sons viz. Gurcharan Singh, Dharam Singh,






















































































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Judicial Analysis

None of the cases explicitly indicate that they have been overruled, reversed, or explicitly treated as bad law based solely on the provided information. There are no clear phrases such as "overruled," "reversed," "criticized," or "questioned" in the case summaries. Therefore, no cases are definitively identified as bad law from the given data.

Followed / Cited Favorably:

Several references, such as in Hinchharam VS Shyama Bai, Widow Of Late Guharam. - 2020 0 Supreme(Chh) 312, D. T. Rajkapoor Sah @ Raghul Sah (Died) VS Kamakshi Bai - 2022 0 Supreme(Mad) 3810, D. T. Rajkapoor Sah @ Raghul Sah (Died) VS Kamakshi Bai - 2022 0 Supreme(Mad) 3794, Vasumathi VS R. Vasudevan - Madras (2024), and Chanderpal VS Prem Singh - 2023 0 Supreme(Raj) 1925, mention that the Supreme Court has followed or relied upon the principles laid down in Arshnoor Singh or other cases, indicating these cases are considered good law and are being cited as authoritative.

Cases like Sheela VS Amartya - 2019 0 Supreme(Bom) 2290, Raja Pushpa Properties Pvt. Ltd. VS B. Venkatamma - 2020 0 Supreme(Telangana) 57, Raja Pushpa Properties Pvt Ltd VS B. Venkatamma - 2020 0 Supreme(Telangana) 245, Kisto Sahu VS Fulmani Devi - 2022 0 Supreme(Jhk) 97, and Minor Saumya Pradipkumar Patel Through Hareshkumar Keshavlal Patel VS Shrimad Construction - 2022 0 Supreme(Guj) 609 indicate that the judgments or principles from Arshnoor Singh have been followed or referenced in subsequent judgments, supporting their continued judicial acceptance.

The case SRI SANN KATAPPA @ BHEEMAPPA vs SMT ERAMMA WIFE OF SANNA KATAPPA @ BHEEMAPPA - 2024 Supreme(Online)(KAR) 18313 explicitly states that the Supreme Court reported in Arshnoor Singh confirms certain legal principles, reinforcing its standing as good law.

Distinguished / Clarified:

Cases such as Sri S.J.A.Nadeem vs Sri D.Madhava Rao - 2024 Supreme(Online)(Tel) 44086, J. SANTHAKUMARI vs MOHANAN - 2024 Supreme(Online)(KER) 32082, J SANTHAKUMARI vs MOHANAN - 2024 Supreme(Online)(KER) 43979, and Vasumathi VS R. Vasudevan - Current Civil Cases (2024) discuss specific legal principles, such as inheritance, coparcenary property, and succession, citing Arshnoor Singh but also clarifying or distinguishing certain aspects (e.g., the effect of partition, the status of inherited property). These references suggest that Arshnoor Singh has been used as a precedent but with clarifications, not overruled.

JANABAI RAMCHANDRA BHONDWE AND ANR. vs HARI LAXMAN RAKSHE AND ORS. - 2024 Supreme(Online)(Bom) 6661 and Radhabai Balasaheb Shirke, since deceased, through her heirs & L. Rs. VS Keshav Ramchandra Jadhav - Current Civil Cases (2024) mention that the principles from Arshnoor Singh are consistent with other judgments and are being relied upon accordingly.

Uncertain / Ambiguous Treatment:

Multiple references to Arshnoor Singh, such as in S. Sampoornam VS C. K. Shanmugam - Current Civil Cases (2022), Alamelu VS Palanisamy Gounder (Died) - 2024 0 Supreme(Mad) 1956, Lakshman Reddy, S/o. Late Govinda Reddy VS G. Danamma, W/o. Jayaramreddy - 2024 0 Supreme(Kar) 613, K.S.V. Nataraja Nadar (Died) N. Parthasarathy vs Tmt. Durga - 2025 0 Supreme(Mad) 2647, and Nischal Ramkumar represented by his Power of Attorney Agent, K.Kamalanathan vs Ramesh Babu - 2025 Supreme(Online)(Mad) 55058, indicate reliance or citation but do not specify whether the case has been followed, distinguished, or criticized. Without explicit language about treatment, the treatment remains uncertain.

Some references, like in Ajay Kumar Garg VS Avyaay Anirudh Garg - 2022 0 Supreme(Bom) 2000, mention the case in passing or as part of a broader discussion without clear indication of judicial treatment.

The repeated mention of the case in various contexts suggests it is still relevant, but the nature of its treatment (affirmative, clarificatory, or otherwise) is not explicitly stated.

Other notes:

Several references, such as Uttam VS Saubhag Singh - 2016 2 Supreme 345, SHYAM NARAYAN PRASAD VS KRISHNA PRASAD - 2018 6 Supreme 476, and J Santhakumari, (Died) (Legal Heirs Recorded) Kunnuvilakathu Veedu VS Mohanan - 2024 0 Supreme(Ker) 1022, discuss legal principles related to inheritance and partition, citing Arshnoor Singh, but do not specify whether these are affirmations or modifications of the case's principles.

Many references to Arshnoor Singh (e.g., D. T. Rajkapoor Sah @ Raghul Sah (Died) VS Kamakshi Bai - 2022 0 Supreme(Mad) 3810, D. T. Rajkapoor Sah @ Raghul Sah (Died) VS Kamakshi Bai - 2022 0 Supreme(Mad) 3794, K.S.V. Nataraja Nadar (Died) N. Parthasarathy vs Tmt. Durga - 2025 0 Supreme(Mad) 2647, Nischal Ramkumar represented by his Power of Attorney Agent, K.Kamalanathan vs Ramesh Babu - 2025 Supreme(Online)(Mad) 55058) are cited without explicit treatment, making their judicial stance unclear.

Cases like S. Sampoornam VS C. K. Shanmugam - Current Civil Cases (2022), Radhabai Balasaheb Shirke, since deceased, through her heirs & L. Rs. VS Keshav Ramchandra Jadhav - Current Civil Cases (2024), and Vasumathi VS R. Vasudevan - Current Civil Cases (2024) mention reliance on Arshnoor Singh but do not specify whether the case has been overruled, distinguished, or followed.

The cases involving legal principles of inheritance, coparcenary, and property transfer (SRI SANN KATAPPA @ BHEEMAPPA vs SMT ERAMMA WIFE OF SANNA KATAPPA @ BHEEMAPPA - 2024 Supreme(Online)(KAR) 18313, TARUN KUMAR Vs AJAY KUMAR - 2024 Supreme(Online)(DEL) 10960, J. SANTHAKUMARI vs MOHANAN - 2024 Supreme(Online)(KER) 32082, J SANTHAKUMARI vs MOHANAN - 2024 Supreme(Online)(KER) 43979) are cited for legal principles but lack explicit treatment indicators.

Overall, the treatment of Arshnoor Singh and related cases appears to be generally supportive or clarificatory, but without explicit statements, treatment status remains uncertain for many references.

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