Supreme Court · 2018 INSC 6 · Decided 8 January 2018

Nagaiah and Another v. SMT. Chowdamma (Dead) BY LRS. and Another

Court
Supreme Court of India
Citation
2018 INSC 6 · [2018] 1 S.C.R. 126
Case number
CIVIL APPEAL No. 22969/2017
Decided
8 January 2018
Bench
ARUN MISHRA, MOHAN M. SHANTANAGOUDAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of Civil Procedure, 1908: Or. XXXII, rr.1,3,6,7,9,12,13 and 14 - Suit by plaintiff No.1 on his as well as on behalf of his minor brother (Plaintiff No.2) - Against their father (defendant No.1) - were entitled to 2/3rd share in the property and sale deed executed by their father (defendant No.1) in favour of defendant No.2 was not binding on their 2/3rd share - Trial court dismissed the suit on merit - First appellate court decreed the suit - High court, in second

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