Supreme Court of India · 1966-08-11
GIRJA NANDINI AND ORS. vs BIJENDRA NARAIN CHOUDHURY
- Citation / case number
- SC 1964/90275
- Court
- Supreme Court of India
- Petitioner
- GIRJA NANDINI AND ORS.
- Respondent
- BIJENDRA NARAIN CHOUDHURY
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that the specification of shares in a preliminary decree does not by itself constitute a severance of joint family status under Hindu Law. The Court emphasized that partition requires clear evidence of intention to sever, which was absent in this case. The appellants' contention that the suit regarding alleged benami properties was barred under Section 66(1) of the Code of Civil Procedure was also rejected, affirming the lower court's decree in favor of the respondent.