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october 1981

Supreme Court of India · 1981-10-15

K. C. KAPOOR vs RADHIKA DEVI (DEAD) BY L. RS. & OTHERS

Citation / case number
SC 1970/60365
Court
Supreme Court of India
Petitioner
K. C. KAPOOR
Respondent
RADHIKA DEVI (DEAD) BY L. RS. & OTHERS
Author
A.D. KOSHAL
Bench
A.D. KOSHAL

Judgment text excerpt

The Supreme Court held that in a second appeal under Section 100 of the Code of Civil Procedure, the High Court cannot interfere with factual findings based on good evidence from the trial court. The Court found that the sale of joint Hindu family property by Parmeshwar Din Misra was for legal necessity, as he required funds for constructing a house. The High Court's decision to set aside the sale deed was overturned, reaffirming the trial court's findings on the matter.

K. C. KAPOOR vs RADHIKA DEVI (DEAD) BY L. RS. & OTHERS · Niyam