Supreme Court · 2006 INSC 519 · Decided 18 August 2006
Dyaneshwar Ramachandra Rao Patange v. Bhagirathibai
- Court
- Supreme Court of India
- Citation
- 2006 INSC 519 · [2006] SUPP. 4 S.C.R. 628
- Case number
- CIVIL APPEAL No. 66/2000
- Decided
- 18 August 2006
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Hindu Succession Act Section 8; Succession Act Section 8
Headnote
Suit for specific performance of contract-Maintainability-Contract entered into by deceased brother of plaintiff-Suit filed by sister as legal C heir-Wife of deceased surviving-Decree of suit on the ground of admission of execution of the document by defendant-First appellate court held that since plaintiff not maintainable; and that the document was also not genuine­ High Court held that in view of alleged remarriage of widow, the suit was maintainable and that document was valid in view of admission of its D execution---On appeal, heid: In view of uncontroverted evidence that the
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