Supreme Court of India

Bhaiya Ramanuj Pratap Deo v. Lalu Maheshanuj Pratap Deo & Ors. and Vice-versa

Neutral citation
Reported as [1982] 1 S.C.R. 417
Bench D.A. Desai, A.D. Koshal and R.B. Misra JJ.
Decided 26 August 1981

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.

What the Court ordered

In the result the first appeal No. 209 of 1970 filed by the plaintiff is dismissed while the other appeal filed by the defendant, No. 2280 of 1970, is allowed and the decree passed by the High Court is set aside and the decree of the Trial Court as affirmed by the first appellate court, is restored, In the circumstances of the case we direct the parties to bear their own costs.

Judgment, page 21

From the headnote

Hindu Succession Act, 1956, sections 4 and 6, scope of-Whether the provi­ sions of section 6 overrides the customary Rule of primogeniture-Bihar Land Re­ forms Act, section 6, applicability of-Chota Nagpur Encumbered Estates Act, 1876, section 12A., conditions to be fu/filled-lfldian Registration Act, sections 17 and 49, evidentiary value of unregistered documents of. 8 c Bhaiya Rudra Pratap Deo was the holder of an impartible estate, known as NaSaruntari estate, in the district of Palamau. The succession to the estate was governed by the rule of lineal primogeniture. Under the said rule the

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