KRISHNA BIHARILAL versus GULABCHAND AND ORS.

KRISHNA BIHARILAL versus GULABCHAND AND ORS.

Compromise with presumptive reversioners conferring absolute estate on widow estops them and their successors from challenging alienations; the compromise, on true construction, conferred absolute estate; suits challenging alienations not maintainable.

Parties
Appellant: Krishna Biharilal; Respondents: Gulabchand and Ors.
Jurisdiction
India
Judgment Date
16 March 1971
Procedural Posture
Civil Appeals / Supreme Court Appellate Stage by Special Leave
Outcome
Appeals allowed
Legal Topics
Widow's Estate, Life Estate, Absolute Estate, Compromise Decree, Estoppel, Family Arrangement
Hindu Law Property Law Widow's Estate Life Estate Absolute Estate Compromise Decree Estoppel Family Arrangement

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Parties

Krishna Biharilal

Appellant

Gulabchand and Ors.

Respondents

Procedural Posture

Civil Appeals / Supreme Court Appellate Stage by Special Leave

Legal Issues

  1. 1 Whether a Hindu widow can acquire absolute estate by compromise with presumptive reversioners
  2. 2 Whether parties are estopped from challenging alienations made under compromise
  3. 3 Whether the compromise amounts to a family arrangement

Ratio Decidendi

Compromise with presumptive reversioners conferring absolute estate on widow estops them and their successors from challenging alienations; the compromise, on true construction, conferred absolute estate; suits challenging alienations not maintainable.

Court Disposition

Appeals allowed

Orders

  • Suits from which the appeals arose dismissed with costs throughout