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.