Supreme Court · 1959 INSC 149 · Decided 20 November 1959
S. M. Banerji v. Sri Krishna Agarwal
- Court
- Supreme Court of India
- Citation
- 1959 INSC 149 · [1960] 2 S.C.R. 289
- Case number
- CIVIL APPEAL No. 301/1959
- Decided
- 20 November 1959
- Bench
- BHUVNESHWAR PRASAD SINHA, P.B. GAJENDRAGADKAR, K. SUBBA RAO, K.C. DAS GUPTA, J.C. SHAH (5-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Representation of the People Act
Headnote
COURT REPORTS 289 measurements of the house for effecting partition of i959 the property, when the plaintiff raised objection, and Rukhmabai thereafter in 1940, filed the suit. From the aforesaid v. facts, it is manifest that the plaintiff's right to the Lala Laxminarayan property was not suit property and the suit was filed within six years thereafter. We, therefore, hold that the suit was within time. In. the result, the appeal fails and is dismissed with costs. Appeal dismissed. S. M. BANERJI v. 'SRI KRISHNA AGARWAL ( B. P. SINHA, C.J., P. B. GAJENDRAGADKAR K. SuBBA RAo, K. C.
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