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july 2019

Supreme Court of India · 2019-07-16

Chaman Lal (D) Thr. Lrs. vs Kamlawati (D) Thr. L.Rs.

Citation / case number
AIRONLINE 2019 SC 2555
Court
Supreme Court of India
Petitioner
Chaman Lal (D) Thr. Lrs.
Respondent
Kamlawati (D) Thr. L.Rs.
Author
Sanjay Kishan Kaul
Bench
K.M. Joseph, Sanjay Kishan Kaul

Judgment text excerpt

The Supreme Court addressed a dispute over land ownership stemming from a gift deed executed by Chaman Lal in favor of Smt. Gurdev Kaur. The Court held that the entire land was gifted, not just half, as claimed by Chaman Lal's heirs. The judgment emphasized the necessity of a substantial question of law under Section 100 of the Code of Civil Procedure, 1908, and clarified that the Punjab and Haryana High Court's prior ruling was inconsistent with the legal position established in Pankajakshi (D) through Lrs. & Ors. vs. Chandrika & Ors. The appeal was allowed, affirming the trial court's decree for partition into half shares was incorrect based on the interpretation of the gift deed.

Chaman Lal (D) Thr. Lrs. vs Kamlawati (D) Thr. L.Rs. · Niyam