Supreme Court · 2007 INSC 384 · Decided 5 April 2007
M. Venkataramana Hebbar (D) BY L.RS. v. M. Rajagopal Hebbar and Ors
- Court
- Supreme Court of India
- Citation
- 2007 INSC 384 · [2007] 4 S.C.R. 941
- Case number
- CIVIL APPEAL No. 7061/2000
- Decided
- 5 April 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act Section 58; Registration Act Section 17
Headnote
Partition-Joint family property-Appel/ant and Respondents co-owners entered into a family settlement-Appellant was to pay a stipulated sum in consideration of which Respondents were to relinquish their share in the C property-Amount not paid by Appellant-Suit for partition subsequently filed by given effect. Code of Civil Procedure 1908-0rder VIII, rr. 3 & 5-Partition suit- Averments made by plaintiff-Not denied by defendant in written statement- Held: Averments made by plaintiff would be deemed to be admitted-Fact admitted need not be proved-Evidence Act, 1872-s.58. 'D Appellants
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