Back
S.ABDUL NAZEER, HEMANT GUPTA
C. DODDANARAYANA REDDY (DEAD) BY LRS. – Appellant
Versus
C. JAYARAMA REDDY (DEAD) BY LRS. – Respondent
In legal judgments, the term "relinquishment" is used to describe the act by which a party voluntarily abandons or surrenders their rights, interests, or claims in a particular property or legal matter. The judgment may analyze whether the act was performed voluntarily, with clear intention, and in accordance with required formalities to establish the validity of the relinquishment. The judgment often considers whether the relinquishment was free from undue influence, coercion, or fraud, and whether it effectively resulted in the loss of rights by the relinquishing party, thereby affecting the rights and interests of other parties involved (!) .
In essence, the judgment defines relinquishment as a deliberate and voluntary act that leads to the forfeiture of rights or interests, emphasizing the importance of clear intention and proper procedure to uphold the validity of such acts (!) .
JUDGMENT :
Hemant Gupta, J.
The defendants are in appeal aggrieved against an order passed by the High Court of Karnataka on 14th June, 2005 whereby the appeal filed by the plaintiff - C. Jayarama Reddy was allowed by setting aside the concurrent findings of facts recorded by two courts below. The High Court answered the following substantial question of law:
"Whether the judgment and decree passed by the Courts below suffer from illegality on account of improper consideration of Ex.P1, i.e., school leaving certificate?"
2. The plaintiff filed a suit for partition and separate possession of l/4th share in the Suit schedule property between himself and his three brothers who are defendant Nos. 1, 2 and 3. Defendant Nos. 4 to 17 are the persons who have purchased the property from the defendant Nos. 1 to 3, the brothers. The plaintiff claimed that he was minor at the time of death of his father in the year 1963 and that he continued as a member of the joint Hindu family in joint possession and enjoyment of the property of joint Hindu family. The plaintiff asserted that his signatures were obtained on a few documents and that he was not aware of the contents of the same nor did he execut
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
