Supreme Court of India · 1968-04-04
SHIROMANI & ORS. vs HEM KUMAR & ORS.
- Citation / case number
- SC 1965/112
- Court
- Supreme Court of India
- Petitioner
- SHIROMANI & ORS.
- Respondent
- HEM KUMAR & ORS.
- Bench
- RAMASWAMI
Judgment text excerpt
The Supreme Court held that Ex.D-4 was inadmissible under Section 17(1)(b) of the Indian Registration Act, as it pertained to the allotment of specific properties among co-parceners. The Court ruled that the respondents could not invoke the plea of acquiescence since it was not raised in the pleadings. Furthermore, the Court declared the custom of Jethansi in the Agharia caste as obsolete, affirming that the principle of equality in property division prevails under Hindu Law, unless a valid custom is proven. The appeal was allowed, overturning the lower court's decisions.