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november 1996

Supreme Court of India · 1996-11-28

ANIL KUMAR MITRA & ORS. vs GANENDRA NATH MITRA & ORS.

Citation / case number
SC 1989/72537
Court
Supreme Court of India
Petitioner
ANIL KUMAR MITRA & ORS.
Respondent
GANENDRA NATH MITRA & ORS.
Author
G.T. NANAVATI K. RAMASWAMY
Bench
G.T. NANAVATI K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the decision of the Calcutta High Court, affirming that the appellants failed to prove their claim for partition of property No. 10-D, Puddapukur Road, as they could not establish the joint family status or the capacity of the respondents to discharge the mortgage debt. The Court emphasized that the severance of joint family status had been established by prior decrees, particularly the final decree in Title Suit No. 128/1929. Consequently, the appeal was dismissed, maintaining the lower courts' rulings against the appellants.

ANIL KUMAR MITRA & ORS. vs GANENDRA NATH MITRA & ORS. · Niyam