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SUPREME COURT OF INDIA

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PETITIONER:

BRAHMVART SANATHAN DHARAM MAHAMANDAL, KANPUR & ORS.

Vs.

RESPONDENT:

PREM KUMAR & ORS.

DATE OF JUDGMENT10/05/1985

BENCH:

MISRA, R.B. (J)

BENCH:

MISRA, R.B. (J)

REDDY, O. CHINNAPPA (J)

CITATION:

1985 AIR 1102 1985 SCR Supl. (1) 718

1985 SCC (3) 350 1985 SCALE (1)1058

ACT:

Hindu Law-Right of the limited owners to alienate the

joint estate of a propositus during their life time after

division of the property in equal shares and coming into

possession thereof, without the consent of the other co-

owners-Consequences of the alienations made-Whether passes

title to the successive alienness entitling them to

protection under section 43 and 51 of the Transfer of

Property Act-Doctrine of "feeding the grant by estoppel",

and "Deemed consent"- Supreme Court will not, in an appeal

interfere with the discretionary power of the High Court to

evaluate the evidence.

HEADNOTE:

One Lala Gurdin, who had acquired extensive landed

property in Kanpur died on December 10, 1861 leaving behind

his widow Smt. Amrit Kuer and three daughters: Smt. Hazarao

K