Supreme Court of India
Ramesh Chand (d) Thr. Lrs. v. Suresh Chand and Anr.
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What the Court ordered
We are of the considered view that the right of the second defendant would stand protected to the extent of the share of the appellant only and except reiterating to this effect contentions of all parties are kept open, and no opinion is expressed and they are at liberty to work out their rights if so advised in accordance with law.
Judgment, page 23
From the headnote
Issue for Consideration I) Whether the impugned documents, i.e., Agreement to Sell, General Power of Attorney, Receipt of Consideration and the registered Will, allegedly entered into by K, father of the appellant/ defendant no.1 and respondent no.1/plaintiff in favour of the plaintiff would confer a valid title over the suit property; II) Whether the plaintiff can claim any benefit u/s.53A of TP Act, which deals with Part Performance. Headnotes† Transfer of Property Act, 1882 – s.54 – Succession Act, 1925 – s.63 – Evidence Act, 1872 – s.68 – Respondent no.1/plaintiff filed suit no. 613/1997
Authorities it was built on
- 1958 H. Venkatachala Iyengar v. B. N. Thimmajamma & Others
- 1969 Nathulal v. Phoolchand
- 2005 State of Rajasthan and Ors. v. Basant Nahata
- 2011 Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana & Anr.
- 1976 Narandas Karsondas v. S. A. Kamtam & Anr.
- 2004 Rambhau Namdeo Gajre v. Narayan Bapuji Dhotra (dead) through Lrs.
- 2012 Mathai Samuel and Ors. v. Eapen Eapen (dead) by Lrs. and Ors.
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