Niyam v2 is live — start for just ₹100 — 200 credits to try

march 1955

Supreme Court of India · 1955-03-22

SAHU MADHO DAS AND OTHERS vs PANDIT MUKAND RAM AND ANOTHER(and connected Appeal)

Citation / case number
SC 1950/41
Court
Supreme Court of India
Petitioner
SAHU MADHO DAS AND OTHERS
Respondent
PANDIT MUKAND RAM AND ANOTHER(and connected Appeal)
Bench
BOSE, VIVIAN

Judgment text excerpt

The Supreme Court established that a family arrangement can be inferred from a long course of dealings, acknowledging an antecedent title among parties. It held that no conveyance is necessary to pass title under such arrangements, as the title is assumed to reside in the party receiving it. The Court further clarified that once a reversioner assents to an alienation, they are bound by that assent, and an alienation by a widow is voidable, not void, allowing reversioners to ratify or treat it as valid. The arrangement made in 1875 was upheld as sufficient to pass title without formalities due to the absence of the Transfer of Property Act at that time.

SAHU MADHO DAS AND OTHERS vs PANDIT MUKAND RAM AND ANOTHER(and connected Appeal) · Niyam