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december 1989

Supreme Court of India · 1989-12-01

KALYAN SINGH, LONDON TRAINED, CUTTER,JOHRI BAZAR, JAIPUR vs SMT. CHHOTI AND ORS.

Citation / case number
SC 1973/60341
Court
Supreme Court of India
Petitioner
KALYAN SINGH, LONDON TRAINED, CUTTER,JOHRI BAZAR, JAIPUR
Respondent
SMT. CHHOTI AND ORS.
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court held that in cases concerning community property, any member of the community can file a suit to assert rights without needing permission under Order I Rule 8 of the Civil Procedure Code. The Court found that the High Court erred in not dismissing the suit after rejecting the validity of the Sale Deed and Will, as there was no other evidence to support the plaintiff's title. The appeal was allowed, modifying the High Court's judgment and decree accordingly.

KALYAN SINGH, LONDON TRAINED, CUTTER,JOHRI BAZAR, JAIPUR vs SMT. CHHOTI AND ORS. · Niyam