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

1965 Supreme(Guj) 50

N.M.MIABHOY
MANGU D/o BAHAR MAHAR – Appellant
Versus
VIJLI D/o BARTABHAI – Respondent


Advocates Appeared: J.U.MEHTA, S.B.MAJMUDAR

N. M. MIABHOY, J.

( 1 ) THIS Second Appeal is directed against the decision dated 10 December 1957 recorded by the learned District Judge Broach in Regular Civil Appeal No. 42 of 1957. The facts necessary to be stated in order to understand the disputes between the parties may be stated at first. Defendants Nos. 1 and 2 are the sisters of the husband of plaintiff. Plaintiff filed Civil Suit No. 105 of 1954 against defendants Nos. 1 2 and 3 for partition of certain properties mentioned in the plaint of that suit and separate possession of her 1/2 share therein. Defendant No. 3 was joined as a party because defendants Nos. 1 and 2 had mortgaged some of the aforesaid suit properties with him. The suit ended in a compromise and a consent decree of which Ex. 23 is a certified copy was passed on 26 of July 1955. By this decree plaintiff was made the exclusive owner of lot No. B in that suit and defendants No. 1 and 2 were made exclusive owners of lot No. C therein. A latrine which was lot No. D was kept common between the parties. This compromise decree contained the following agreement which plaintiff seeks to enforce specifically in the suit from out of which this Second Appeal arises.












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