Supreme Court · 2007 INSC 75 · Decided 25 January 2007
Subodhkumar and ORS. v. Bhagwant Namdeorao Mehetre and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 75 · [2007] 2 S.C.R. 1
- Case number
- CIVIL APPEAL No. 1584/2004
- Decided
- 25 January 2007
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Hindu Law-Sale of part of ancestral property by Karla with consent of all coparceners except one-Separate Sale effected by opposing coparcener A B of the same /and-Suit for possession of land by successors-in-title of karta C against successors-in-title of opposing coparcener-Tria/ Court decreed dismissing the appeal but holding that the legal necessity was not a 'fact in issue '-High Court dismissing the Second Appeal -Correctness of­ Held, the alienation for legal necessity becomes irrelevant since neither the opposing coparcener nor his successors-in-title filed a suit for
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