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april 1968

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.

SHIROMANI & ORS. vs HEM KUMAR & ORS. · Niyam