Supreme Court · 1995 INSC 192 · Decided 21 March 1995
Virupakshayya Shankarayya v. Neelakanta Shivacharya Patiadadevaru
- Court
- Supreme Court of India
- Citation
- 1995 INSC 192 · [1995] 2 S.C.R. 820
- Case number
- CIVIL APPEAL No. 1769/1975
- Decided
- 21 March 1995
- Bench
- K. RAMASWAMY, B.L. HANSARIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 42
Headnote
Bombay Public Trust Act, 1950-Sections 50 and SJ-Recovery of trust from person not holding adversely-Whether maintainable. Evidence Act, 1872-Section 42-Whether an earlier Judgment in C seperate proceeding relevant for detennining status of a person. The respondent·plaintilT ftled a suit to be the validly installed Padadayya of the math. He challenged the validity of installation of defen· D dant Nos. 1 and 2 as Padadayya. He further challenged the installation of one S as Padadayya who had .nominated defendant No. 1 as Padadayya. In an earlier proceedi_.g initiated by ~
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