BARA SINGH versus KASHMIRA SINGH AND ORS.

BARA SINGH versus KASHMIRA SINGH AND ORS.

The sale of ancestral land by the vendors constituted an act of good management under Punjab custom, as established by concurrent factual findings of the trial court and first appellate court, which the High Court erred in reversing; such a sale is valid and cannot be impeached by reversioners.

Parties
Appellant: Bara Singh; Respondents: Kashmira Singh and Ors.
Jurisdiction
India
Judgment Date
12 September 1990
Procedural Posture
Civil Appeal / Supreme Court Appeal Against High Court Judgment
Outcome
Appeal allowed; order of High Court set aside; decree of trial and first appellate courts restored.
Legal Topics
Alienation of Ancestral Immovable Property, Punjab Custom, Acts of Good Management
Hindu Law Customary Law Alienation of Ancestral Immovable Property Punjab Custom Acts of Good Management

Case Brief

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Parties

Bara Singh

Appellant

Kashmira Singh and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether the sale of ancestral immovable property was justified as an act of good management under Punjab custom
  2. 2 Whether the High Court was correct in setting aside the concurrent findings of the trial and first appellate courts

Ratio Decidendi

The sale of ancestral land by the vendors constituted an act of good management under Punjab custom, as established by concurrent factual findings of the trial court and first appellate court, which the High Court erred in reversing; such a sale is valid and cannot be impeached by reversioners.

Court Disposition

Appeal allowed; order of High Court set aside; decree of trial and first appellate courts restored.

Orders

  • Impugned order of the High Court is set aside.
  • Decree of the lower courts in the suit restored.