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Case Commentary: Sitabai V. Ramchandra




Danushri L K, Alliance University

Case name: Smt. Sitabai and Anr. Vs Ramchandra Citation: AIR 1970 SC 343 Date of judgement: 20 August, 1969 Equivalent Citation: AIR 1970 SC 343, (1969) 2 SCC 544, 1970 2 SCR 1 Petitioner: Smt. Sitabai Respondent: Ramchandra Bench: Hon’ble Justice J.C Shah, Hon’ble Justice V. Ramaswami, Hon’ble Justice A.N. Grover Court: The Supreme Court of India


Statue Referred:


Hindu Adoptions and Maintenance Act, 1956: Section 5,6,7,8,9,10,11,12,14

Madhya Pradesh Land Revenue and Tenancy Act, 1950: Section 86, 87 and 89


Facts:

Plaintiff 1 is the widow of the late Bhagirath, Dhulichand's brother. Due to the plaintiff Sitabai's living arrangement with Dhulichand after Bhagirath's passing, an illegitimate child,the defendant Ramchandra, was born in 1935. On March 13, 1958, Dhulichand passed away. Plaintiff 1 adopted Plaintiff 2 (Suresh Chandra), and on March 4, 1958, an adoption deed was signed. When Dhulichand passed away, Ramchandra inherited the combined family's assets.

Therefore, the plaintiffs filed the current lawsuit to have the defendant, Dhulichand's illegitimate son, removed from the contested assets. The defendant argued that Dhulichand had completely given over the properties to him during his lifetime.

The trial court made decisions on all the problems and determined that Dhulichand was valid in relation to half of his ownership interest in the properties, so the defendant was allowed to claim half of the share of the properties in question.

The defendant filed an appeal with the High Court, arguing that Dhulichand was the only coparcener on the date of adoption, that no one else was entitled to a piece of his property, and that plaintiff 2 was unconcerned about the coparcener property being in Dhulichand's possession. The Supreme Court heard an appeal from the plaintiffs for the same.

Comments


Indian Journal of Law and Legal Research

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