Vasudeva Pai H. (Dead) By Lrs. v. Kamarunnisa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(Online)(SC) 28

SUPREME COURT
string, J
Vasudeva Pai H. (Dead) By Lrs. v. Kamarunnisa

Advocates:
For the Appellants/Petitioners: Shri S. N. Bhat

Table of Content
1. overview of appeal and property details. (Para 1 , 2)
2. arguments against joint family assumption. (Para 3 , 4 , 5)
3. court's observations on prior rulings. (Para 6 , 7 , 8)
4. affirmation of trial court's decision. (Para 9)
5. final ruling on the appeal. (Para 10 , 11)

1. The appellant impugns the judgment of the High Court of Karnataka rendered in a second appeal.

3. Shri S. N. Bhat, learned counsel for the appellant, drew our attention to the findings made by the learned District Judge in his judgment. The learned District Judge took the view that as the Pai brothers were residing separately (the appellant residing in the suit property while two of the Pai brothers were residing at Gowri Mutt Street, Mangalore), it could not be held that the dwelling house in question became a family house or that the family continued as a joint Hindu family.

5. Learned counsel for the appellant has referred to the judgment of this Court in Dorab Cawasji Warden v. Coomi Sorab Warden , 1990 (2) SCC 117 . This was a case arising under S.44 of the Transfer of Property Act . S.44 of the also has a similar provision which reads as under:
"44. Transfer by one co - owner. - Where one of

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