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november 1959

Supreme Court of India · 1959-11-17

MST. RUKHMABAI vs LALA LAXMINARAYAN AND OTHERS

Citation / case number
SC 1955/20
Court
Supreme Court of India
Petitioner
MST. RUKHMABAI
Respondent
LALA LAXMINARAYAN AND OTHERS
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that the documents in question were sham and that the property was joint family property, affirming the High Court's decision to decree the respondent's suit. The Court ruled that admissions made by family members regarding partition were not determinative of the separation status, emphasizing that actual relations with the estate should guide the determination. The Court also addressed the applicability of Section 42 of the Specific Relief Act, 1877 and Article 120 of the Indian Limitation Act, 1908, concluding that the suit was not barred by limitation.

MST. RUKHMABAI vs LALA LAXMINARAYAN AND OTHERS · Niyam