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Supreme Court of India

Mithilesh Kumari & Anr. v. Prem Behari Khare

Neutral citation
Bench G.L. Oza and K.N. Saikia JJ.
Decided 14 February 1989

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

21 Supreme Court benches have cited this judgment.

What the Court ordered

The consequence is that the plaintiff-respondent's suit or action cannot be decreed under the law; and hence the decree passed by the lower courts is annihiliated and the suit dismissed. In the result, this appeal is allowed in the manner indicated above. Under the peculiar facts and circumstances of the case, we make no order as to costs.

Judgment, Concluding paragraph, at p. 637

In brief

The respondent, a bank employee widowed in 1955, took in the appellant (then estranged from her husband) and the two lived as man and wife, she bearing him two children. In November 1962 the respondent withdrew Rs.8,250 from his Allahabad Bank savings account and purchased the suit house for Rs.8,000, taking the sale deed in the appellant's name; he continued to reside in the house. The appellant claimed the house was a gift out of love and affection and that she had contributed Rs.2,000 of the price, but the courts below disbelieved the contribution and concurrently found the respondent had paid the whole consideration and held the property benami in her name.…

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 4 referred to · 16 mentioned

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