Supreme Court of India

Dorab Cawasji Warden v. Coomi Sorab Warden & Ors.

Neutral citation
Reported as [1990] 1 S.C.R. 332
Bench L.M. Sharma and V. Ramaswamy JJ.
Decided 13 February 1990

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.

13 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the plaintiff­ appellant has shown a prima facie case that the dwelling house belonged to an undivided family consisting of himself and his brother.

Judgment, page 19

From the headnote

Transfer of Property Act: Section 44--Grant of interim manda­ tory injunction in suit-Court to keep in mind restriction on right of transferee to joint possession. The appellant along with bis father and mother, were the joint owners of the suit property. Aller the death of the appellant's mother, be and bis father executed an agreement dated 23rd August, 1951 by which they severed their status as joint owners and agreed to bold the property es tenants in common. On 16th April, 1952 the appellant's father transferred his undivided half share in the suit property in favour of his another son

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