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october 2018

Supreme Court of India · 2018-10-25

Harnek Singh(Dead) Thr.Lrs. vs Hukam Chand (Dead)

Citation / case number
AIRONLINE 2018 SC 1016
Court
Supreme Court of India
Petitioner
Harnek Singh(Dead) Thr.Lrs.
Respondent
Hukam Chand (Dead)
Author
Kurian Joseph
Bench
A.M. Khanwilkar, Kurian Joseph

Judgment text excerpt

The Supreme Court directed the Civil Judge, Ludhiana to try CS No. 372 of 1983 on its own merits, emphasizing that the outcome may impact the civil suit for specific performance. The Court clarified that no issue regarding the mental state of the deceased defendant, Hari Singh, should be framed, as there was a concurrent finding affirming his fit mental state. The trial court was instructed to focus on issues related to the ancestral nature of the property, the status of legal representatives as coparceners, and the competency of Hari Singh to dispose of the property as Karta of the Joint Hindu Family.

Harnek Singh(Dead) Thr.Lrs. vs Hukam Chand (Dead) · Niyam