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

1982 Supreme(Raj) 65

DWARKA PRASAD
SHESH MAL – Appellant
Versus
HARAK CHAND – Respondent


Advocates Appeared:
H.C.Jain, H.M.PAREKH

Judgment


Dwarka Prasad, J.

( 1 ) THIS second appeal arises out of a suit for possession, which has been dismissed by both the courts below.

( 2 ) IT is no longer in dispute that the house property, which is subject matter of litigation between the parties belonged to the joint Hindu family of Sheshmal. It has been mentioned in the plaint that the said house situated in village Devria, Tehsil Jetaran in the District of Pali, was the ancestral house of the plaintiffs. According to the plaintiffs themselves Sheshmal migrated to Maharashtra and started residing in village Chandai in District Aurangabad, in the State of Maharashtra. The plaintiffs case is that the house in dispute was lying vacant, but five years prior to the institution of the suit the defendants, who were related to the plaintiffs as they came from the same stock, unlawfully entered the disputed house and occupied the same without any right. Thereafter, the defendant-respondents also obtained a patta in respect of the disputed house from the Panchayat Devria on March 8, 1959. The plaintiffs filed the suit on October, 21, 1964 and prayed therein that the possession of the house in dispute be restored to them and they
































































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