Supreme Court · 2002 INSC 9 · Decided 8 January 2002
Darshan Singh and ORS. v. Gujjar Singh (Dead) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 9 · [2002] 1 S.C.R. 91
- Case number
- CIVIL APPEAL No. 5/1992
- Decided
- 8 January 2002
- Bench
- V.N. KHARE, S.N. PHUKAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 108
Headnote
B Succession-Right of inheritence-Land of two brOrs. in possession of descendants of one brother-Suit by collateral claiming succession to the land-Other brother not heard for 7 years-Date of his death not proved- C Descendants got their names mutated after denying the title of collaterals- Suit Court and High Court granted decree to the extent of estate of the other brother presuming his death on the date of filing of the suit-On appeal-Held, collaterals not entitled to succeed since the descendants had perfected their title after ousting the title of the collaterals and collaterals D
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