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january 1988

Supreme Court of India · 1988-01-13

SUSHIL KUMAR & ANR. vs RAM PRAKASH & ORS.

Citation / case number
SC 1987/71009
Court
Supreme Court of India
Petitioner
SUSHIL KUMAR & ANR.
Respondent
RAM PRAKASH & ORS.
Author
B.C. RAY
Bench
B.C. RAY

Judgment text excerpt

The Supreme Court held that a coparcener in a Joint Hindu Mitakshara family cannot maintain a suit for permanent injunction under Section 38 of the Specific Relief Act to restrain the Karta from alienating joint family property, as the coparcener has an adequate remedy to challenge the alienation post-factum. The Court emphasized that the Karta has the authority to alienate property for legal necessity or benefit of the estate, and granting such an injunction would hinder the Karta's ability to act in genuine legal situations. The appeal was dismissed, affirming the lower court's decision that such a suit is not maintainable.

SUSHIL KUMAR & ANR. vs RAM PRAKASH & ORS. · Niyam