Prabhav Garg, Jindal Global Law School, O.P. Jindal Global University
Citation: AIR 2015 SC 2382.
Civil Appeal No.3411 of 2007
Judgement Date: April 8, 2015
Judges: Justice M.Y. Eqbal, Justice Amitava Roy
Facts of the Case:
Shivram had two children, a daughter and a son, Sumitrabai and Chhatrapati respectively. The suit was filed for the ownership, possession, and damages in relation to the property owned by Shivram, by Ganeshram, who was the grandson of Sumitrabai against the defendants, one of which was Phulbasabai who was allegedly in a live-in relationship with Chhatrapati for a long time, upon whose death she inherited the property. She further executed a will for the property in her brother’s children’s (defendant no. 1-4) favour and executed a sale deed for a portion of the property in the name of Mukesh Kumar (defendant no. 5). The same property is in dispute in the given case. The plaintiff alleged that the defendant, Phulbasabai was a mistress, and not a lawfully wedded wife of Chhatrapati, and the son borne by them had died unmarried and issueless in 1967. Further, he was the heir to Sumitrabai who had become the owner of the property through adverse possession as she remained in the said property after the death of her husband, Mangal, with her father Shivram till his death in 1932, and till her own death in 1976.
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