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

2013 Supreme(MP) 39

S.K.SETH
Dhapubai – Appellant
Versus
Tejubai – Respondent


Advocates:
Pankaj Sohani for appellants.

JUDGMENT

1. This is plaintiffs second appeal. It is directed against the judgment and decree passed by the 2nd A.D.J. Khargone. By the impugned judgment and decree, lower appellate Court affirmed the dismissal of the suit for permanent injunction.

2. Admittedly, defendant No. 1 and 2 Tejubai and Supdibai are the real sisters of plaintiff No. 1-Dhapubai whereas defendant No. 5 is the husband of their predeceased sister Merubai. Defendant No. 3 and 4 are the sons of defendant No. 1 and 2. The property in dispute is the agriculture Lands of late Bhilya, father of Plaintiff No. 1 and defendants No. 1and 2.

3. As per plaint allegations, plaintiff No. 1 being the youngest daughter was an apple of eye of late Bhilya, therefore, after her marriage with the plaintiff No. 2, both continued to reside and live with Bhilya. They looked after Bhilya and managed his affairs including cultivation over the land in dispute. It was alleged that Bhilya died intestate in the year 2001, therefore his interest would devolve exclusively upon the plaintiffs as per custom and usage and not upon other surviving members. It was further alleged that defendants were trying to interfere in the possession over the l






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