Supreme Court · 1964 INSC 3 · Decided 13 January 1964

CH. Subbarao v. Member, Election Tribunal, Hyderabad

Court
Supreme Court of India
Citation
1964 INSC 3 · [1964] 6 S.C.R. 213
Case number
CIVIL APPEAL No. 971/1963
Decided
13 January 1964
Bench
BHUVNESHWAR PRASAD SINHA, K. SUBBA RAO, RAGHUBAR DAYAL, N. RAJAGOPALA AYYANGAR, J.R. MUDHOLKAR (5-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

SUPREME COURT REPORTS 213 addresed to the High Court on this point; and ( 4) there had been no mutation in the revenue records when this sale was effected and Pir Baksh who was examined as a witness admitted this fact. These circumstances are certainly capable of explanation, but they show that matter to the trial Court for recording a finding as regards the reality of the sale on the evidence already on the record and to pass an appropriate decree in the suit, that is, if the sale under Ex. 12(i) were held to be real, the plaintiffs would be entitled in addition to the 8 pies share

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