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Supreme Court of India

The Shrinivas Krishnarao Kango v. Narayan Devji Kango and Others

Neutral citation
Reported as [1955] 1 S.C.R. 1
Bench B. K. Mukerjea, Ghulam Hasan and Venkatarama Ayyar JJ.
Decided 23 March 1954

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, the decree of the lower Court will be modified by granting the plaintiff a decree for half the value of the plots, S. Nos. 634 and 635, S. Nos. 639, 640 and 641 and S. Nos. 642, 644 and 645 as on the date of the suit.

Judgment, page 25

From the headnote

j l Hindu law-Joint family-Whether there is presumption that property held by any member thereof is joint-Existence of some nucleus-Burden of proving self-acquisition-Property in possession of a family from time immemorial-Presumption whether it is ancestral-Adoption-Rights acquired by adoptive son· relating back to date of death of adoptive fathe1·-Doctrine of relation back­ W hether applicable to estate of a collateral. · It is well-settled that proof of the existence of a Hindu joint family does not lead to the presumption that property held by any member of the family is joint and the

Where later benches applied it

Of those, 3 referred to · 1 not applicable

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