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october 1970

Supreme Court of India · 1970-10-14

RANI & ANR. vs SANTA BALA DEBNATH & ORS.

Citation / case number
SC 1966/60486
Court
Supreme Court of India
Petitioner
RANI & ANR.
Respondent
SANTA BALA DEBNATH & ORS.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the sale deed executed by a Hindu female under the Dayabhaga system was valid as it was supported by legal necessity, as per the principles laid out in Hindu Law. The Court clarified that legal necessity does not require actual compulsion but rather a serious and sufficient pressure on the estate. The High Court's conclusion that the sale deed was not binding due to lack of evidence was overturned, affirming that recitals in the deed regarding legal necessity are admissible and can support the alienee's case when evidence is withheld by the party seeking to set aside the sale. The appeal was dismissed, upholding the validity of the sale deed.

RANI & ANR. vs SANTA BALA DEBNATH & ORS. · Niyam