Supreme Court of India

Sadasivam v. K. Doraisamy

Neutral citation
Bench G.N. Ray and B.L. Hansaria JJ.
Decided 9 February 1996

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.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We, therefore allow the appeals in part by setting aside the judgments and decrees passed in AS. Nos. 1507 and 1508 of 1988 arising out of O.S. No. 187 of 1985 and O.S. No. 168 of 1987 of the court of the learned Subordinate Judge, Namakkal. The appellant's half share in the joint family properties is hereby decreed after setting aside the sale deed dated 10.9.84 executed by Marappa in favour of respondent Doraisamy. There will be no order as to costs.

Judgment, Final paragraph, at p. 346

In brief

Karuppanna Gounder and his son Marappa held joint family properties. In January 1979 Karuppanna executed an unregistered will bequeathing his half share to Doraisamy, his daughter's son (also Marappa's sister's son and wife's brother), who had been brought up in the family house. In September 1984 Marappa executed a sale deed of his half share in Doraisamy's favour for Rs 19,000, said to be for discharging two pronotes of Rs 10,000 and Rs 5,000; the two alleged creditors deposed as plaintiff's witnesses that they had never advanced any loan or taken any pronote, and both the sale deed and the pronotes were produced from Marappa's own custody.…

Where later benches applied it

Of those, 2 mentioned

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