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april 1966

Supreme Court of India · 1966-04-07

VITHAL DAS vs RUPCHAND & ORS.

Citation / case number
SC 1965/10
Court
Supreme Court of India
Petitioner
VITHAL DAS
Respondent
RUPCHAND & ORS.
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court addressed the issue of interest on rental income derived from partnership property post-dissolution, interpreting Sections 23, 90, and 95 of the Trusts Act, 1882. The Court held that the defendant, as a constructive trustee, was liable to account for the rental income but only interest was payable from the date of the final decree, not prior to the suit's institution. The Court confirmed the lower courts' decisions regarding the plaintiffs' entitlement to half the share of the rental income and the defendant's obligation to account for it.

VITHAL DAS vs RUPCHAND & ORS. · Niyam