Supreme Court of India
Varadarajan v. Kanakavalli & Ors.
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What the Court ordered
In view of the aforesaid judgments, we find that the appellant is the sole claimant to the estate of the deceased on the basis of Will.
Judgment, page 12
From the headnote
Code of Civil Procedure, 1908 – Or. XXII, r.5 and s.115 – Wife filed suit inter alia for partition in respect of the suit property as the successor-in-interest of her husband – Husband had a son from his earlier marriage – Suit decreed – She sought execution of the decree but, died soon thereafter – Appellant, the son of deceased’s younger sister filed application to execute the decree as her legal representative on the basis of a Will – Allowed – Appellant sought eviction of the respondent and for delivery of vacant possession of the premises – Executing Court held that the appellant as…
Authorities it was built on
- 2008 Jaladi Suguna (deceased) through Lrs. v. Satya Sai Central Trust & Ors.
- 2010 State of Andhra Pradesh v. Viswanadula Chetti Babu Etc.
- 2009 Dashrath Rao Kate v. Brij Mohan Srivastava
- 2009 Suresh Kumar Bansal v. Krishna Bansal and Anr.
- 1968 Commissioner of Wealth-tax, Madras v. Smt. Muthukrishna Ammal
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