Supreme Court of India · 2006-11-30
Chandrika Singh (Dead) By Lrs. And Anr vs Sarjug Singh And Anr
- Citation / case number
- AIRONLINE 2006 SC 247
- Court
- Supreme Court of India
- Petitioner
- Chandrika Singh (Dead) By Lrs. And Anr
- Respondent
- Sarjug Singh And Anr
- Author
- Markandey Katju
- Bench
- Markandey Katju
Judgment text excerpt
The Supreme Court held that Koleshra Devi, as a maintenance holder, became the absolute owner of the property under Section 14(1) of the Hindu Succession Act, 1956, but her deed of gift was invalid due to lack of possession over the lands. The Court emphasized that the High Court erred in reversing the First Appellate Court's finding of fact without sufficient reasoning, violating the jurisdiction under Section 100 of the Code of Civil Procedure. The appeal was allowed, affirming the First Appellate Court's decision and reversing the High Court's judgment.