Supreme Court · 2017 INSC 393 · Decided 25 April 2017
Bapusaheb Chimasaheb Naik-Nimbalkar (Dead Through LRS.) & ANR. v. Mahesh Vijaysinha Rajebhosale & ORS.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 393 · [2017] 3 S.C.R. 387
- Case number
- CIVIL APPEAL No. 3110/2012
- Decided
- 25 April 2017
- Bench
- ARUN MISHRA, S. ABDUL NAZEER (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Limitation Act Section 65, 65(b)
Headnote
. Limitation Act, 1963 -Art. 65 Explanation (b) -Applicability- B Held: Art. 65 Explanation (b) is not applicable to a heir of Hindu C or Mohammedan female who is full owner of the property as it could not .be said that the person became entitled to fhe right of the female but derives right through her - Suit by such a heir is not governed by Art. 65 Explanation (b) - On facts, property was claimed from a Hindu woman-SB, who was D fall owner, on her death in 1962 - It could not be said that AB-heir of such female or the plaintiffs became entitled
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