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

2013 Supreme(MP) 1054

ALOK ARADHE
Malti Bai – Appellant
Versus
Khilona Bahu (since deceased) through L. Rs. Luxminarayan Soni – Respondent


Advocates Appeared:
For the appellant: Ashish Pathak
For the respondents: Ravish Agrawal, Senior Counsel and Abhishek Singh

JUDGMENT

Alok Aradhe, J.:-

1. This appeal by the plaintiff was admitted by a Bench of this Court on the following substantial questions of law: -

“(i) Whether the finding of learned first Appellate Court holding that the family settlement has no sanctity in the eye of law since it is an unregistered document, runs contrary to the dictum of Supreme Court Tek Bahadur Bhujil v. Debi Singh Bhujil and others, AIR 1966 SC 292 ?

(ii) What is the impact of admission of defendant No. 1-Smt. Khilona Bahu in her testimony that Ratanlal is the Karta of the family?

(iii) Whether in view of admission of defendant No. 1-Smt. Khilona Bahu that Ratanlal was the Karta of the family, the judgment of learned first Appellate Court holding that Ratanlal was not Karta, is vitiated by ignoring the admission of defendant No. 1-Smt.Khilona Bahu?

(iv) Whether Ratan being Karta of HUF was having authority to settle the suit property in the name of plaintiff?”

2. Thereafter, following additional substantial questions of law were framed:

“(v) Whether the lower Appellate Court committed an error of law in reversing the findings with regard to possession of the plaintiff and in consequently setting aside the decree for i























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