Supreme Court · 2000 INSC 440 · Decided 12 September 2000

SMT. Dilboo (Dead) BY LRS. and ORS. v. SMT. Dhanraji (Dead) and ORS.

Court
Supreme Court of India
Citation
2000 INSC 440 · [2000] SUPP. 3 S.C.R. 214
Case number
CIVIL APPEAL No. 3673/1982
Decided
12 September 2000
Bench
V.N. KHARE, S.N. VARIAVA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 100; Evidence Act Section 134, 148; Limitation Act

Headnote

Code of Civil Procedure, 1908 : Section 100-Mortgage executed by Lin 1902-Suitfor redemption of mortgage filed by R-1in19~1 i.e. 59 years thereafter-Question of fact arose whether predecessors in title of R-1 were C heirs of £-Predecessors in title were party defendants in the suit-D~ring documents on record to prove that they were heirs of L-After appreciation of evidence, trial court held the said predecessors in title not to be heirs of L and dismissed the suit-First appellate Court, dismissing the appeal, uplz_eld D the findings of the trial court-On second appeal, High Court

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