SUDISH PRASAD & ORS. versus BABUI JONHIA ALIAS MANORAMA DEVI & ORS.

SUDISH PRASAD & ORS. versus BABUI JONHIA ALIAS MANORAMA DEVI & ORS.

Property remained in custodia legis under the guardian, and neither widow nor guardian nor anyone else acquired title by adverse possession; oral gift claim invalid; after civil death of widow (remarriage), property vested in plaintiff; suit should be decreed in plaintiff's favour.

Parties
Appellant: Sudish Prasad & Ors.; Respondent: Babui Jonhia alias Manorama Devi & Ors.
Jurisdiction
India
Judgment Date
07 February 2013
Procedural Posture
Civil Appeal / Final Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
Title Suit, Guardianship, Widow's Estate, Adverse Possession, Oral Gift
Property Law Family Law Title Suit Guardianship Widow's Estate Adverse Possession Oral Gift

Case Brief

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Parties

Sudish Prasad & Ors.

Appellant

Babui Jonhia alias Manorama Devi & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether the plaintiff has subsisting title over the suit land
  2. 2 Whether adverse possession or widow's estate accrued to defendant
  3. 3 Validity of oral gift claimed by defendant

Ratio Decidendi

Property remained in custodia legis under the guardian, and neither widow nor guardian nor anyone else acquired title by adverse possession; oral gift claim invalid; after civil death of widow (remarriage), property vested in plaintiff; suit should be decreed in plaintiff's favour.

Court Disposition

Appeal dismissed

Orders

  • Suit decreed in favour of plaintiff; Division Bench judgment of High Court affirmed; Defendants directed to discharge possession and furnish accounts pertaining to the properties in question.