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march 1967

Supreme Court of India · 1967-03-10

PHOOLCHAND AND ANR. vs GOPAL LAL

Citation / case number
SC 1966/60195
Court
Supreme Court of India
Petitioner
PHOOLCHAND AND ANR.
Respondent
GOPAL LAL
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that in partition suits, if an event occurs after a preliminary decree and before a final decree, the trial court can issue a second preliminary decree to correct shares. The court ruled that the appeal was maintainable even without a copy of the decree due to the trial court's failure to prepare one. It affirmed that the mother, as a limited owner, could not sell her share, rendering the sale to the appellant invalid, and upheld the genuineness of the will in favor of the respondent.

PHOOLCHAND AND ANR. vs GOPAL LAL · Niyam