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august 1966

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.

GIRJA NANDINI AND ORS. vs BIJENDRA NARAIN CHOUDHURY · Niyam