Supreme Court · 2019 INSC 699 · Decided 1 July 2019
R. S. Anjayya Gupta v. Thippaiah Setty & ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 699 · [2019] 8 S.C.R. 869
- Case number
- CIVIL APPEAL No. 7418/2009
- Decided
- 1 July 2019
- Bench
- A.M. KHANWILKAR, AJAY RASTOGI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 96
Headnote
Code of Civil Procedure, 1908 - s.96 and Or.41,r. 31 - Respondent no.1 (original plaintiff) filed a suit for partition of certain properties against appellant (defendant no.1), respondent no.2 (defendant no.2), and original defendant no.3-father - Respondent no. 1 pleaded that of the appellant, however, the said properties were purchased from joint family funds - The appellant/defendant no.1 denied that suit properties were purchased by family from joint family funds or they belonged to the Joint Hindu family and submitted that he was absolute owner thereof
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