Supreme Court · 1973 INSC 36 · Decided 2 March 1973

Brij Kishore Prasad Singh and Others v. Jaleshwar Prasad Singh and Others

Court
Supreme Court of India
Citation
1973 INSC 36 · [1973] 3 S.C.R. 562
Case number
CIVIL APPEAL No. 1466/1967
Decided
2 March 1973
Bench
A.N. GROVER, KUTTYIL KURIEN MATHEW, A.K. MUKHERJEA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 41, 47

Headnote

Code of Civil Procedure, 1908, S. 41.-Partition suit co111pro1nised-&shy; No decree drcwn up or executed-Subsequent suit ~o.r possession of property allotted under compromise whether barred. Bihar Lan<! Reforms Act 1959, s. 5-Constructive possession suffi&shy; ,cient to confer iright under on July 4, 1947 and different schedules were prepared for the property &middot;iallotted to the sharers. However none of the parties tg the compromise produced the necessary stamp paper as dij:ected bv. the Court, and no -decree was drawn up by t_he Court. The present suit was filed by

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