Supreme Court of India
Shivappa v. Shantavva
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What the Court ordered
Hence, the findings in the Impugned Judgment vis-à-vis item No. ‘5’ of the Suit Schedule, and the Order of remand to the Trial Court are set aside. For the said limited purpose, the appeals are restored, and we request the High Court to dispose of the Appeals on the merits. 18. Civil Appeals are allowed.
Judgment, 17-18
In brief
The plaintiffs (respondents) sued in 2015 for partition of five items of ancestral property and for a declaration that a registered sale deed dated 28.06.1982, by which the propositus Madiwalappa sold Item No. 5 (5 acres 12 guntas) to Defendant No. 2, was sham, bogus and not binding on them, alleging Madiwalappa was addicted to vices and there was no legal necessity. Defendant No. 2 asserted valid title, payment of Rs.…
Authorities it was built on
- Ashwini Kumar K. Patel v. Upendra J. Patel
- 2002 P. Purushottam Reddy and Anr. v. M/s Pratap Steels Ltd.
- Zarif Ahmad (Dead) Through LRs. v. Mohd. Farooq
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