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1965 Supreme(SC) 198

A.K.SARKAR, RAGHUBAR DAYAL, V.RAMASWAMI
Bharat Singh – Appellant
Versus
Bhagirathi – Respondent


Advocates:
B.C.MISHRA, BISHAN NARAIN, M.V.GOSWAMY, MOHAN BEHARI LAL

Judgement

RAGHUBAR DAYAL, J. : This appeal on certificate, is against the judgment and decree of the Punjab High Court reversing the decree of the trial Court and dismissing the suit of the plaintiffs for a declaration that the entry in the name of the defendant in the Jamabandi papers of certain villages was incorrect.

2. The plaintiffs, Bharat Singh and Kirpa Ram, are the sons of Ram Narain. They had another brother Maha Chand, whose widow is Bhagiriti, the defendant. The plaintiffs alleged that they and Maha Chand constituted a joint Hindu family, that Maha Chand died as a member of the joint Hindu family and that thereafter Maha Chand s widow lived with the plaintiffs who continued to be the owners and possessors of the property in suit, the widow being entitled to maintenance only. They also alleged that it was by mistake that the defendant s name was mutated in the village records in place of Maha Chand, who died on September 16, 1925. They further alleged that the defendant lost her right to maintenance due to her leading an unchaste life. This contention, however, was not accepted by the Courts below and in no more for consideration. It was on the other allegations that the p










































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Judicial Analysis

Pallinti Seshama Naidu (died) VS Pallinti Sanjeevi Naidu (died) - Current Civil Cases (2024): Cited positively as a precedent relied upon by learned counsel for appellants, with the Supreme Court holding described without negative treatment. Language: "Learned counsel for appellants placed another reliance in Bharat Singh and others vs. ... Bhagirathi, AIR 1966 SC 405, in that decision, the Hon’ble Supreme Court of India held as follows:"

Pallinti Seshama Naidu (Died), S/o. Subba Naidu VS Pallinti Sanjeevi Naidu (Died) S/o. Subba Naidu - 2024 0 Supreme(AP) 7: Cited positively as a precedent relied upon by learned counsel for appellants, with the Supreme Court holding described without negative treatment. Language: "Learned counsel for appellants placed another reliance in Bharat Singh and others vs. ... Bhagirathi, AIR 1966 SC 405, in that decision, the Hon’ble Supreme Court of India held as follows"

New India Assurance Co. Ltd. Lucknow VS Chhedana - 2024 0 Supreme(All) 2128: Cited positively by a three-judge bench of the Supreme Court as holding a specific legal principle on admissions, without any indication of negative treatment. Language: "A three Judges Bench of the Hon'ble Supreme Court, in the case of Bharat Singh and others v. ... MST.Bhagirathi; 1965 SCC Online SC 57 (AIR 1966 SC 405), has held that admissions have to be clear if they ..."

Rajeev Ruia VS Mahesh Vennalakanti - 2024 0 Supreme(Bom) 561: References "The decision of this Court in Bharat Singh case [(1966) 1 SCR 606" in what appears to be a discussion or citation context, followed by an incomplete reference to another case (Amarjit Kaur v. Pritam Singh). No explicit treatment keywords like followed, overruled, etc., but presented as a "decision of this Court," suggesting neutral to positive recognition.

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