BISHUNDEO NARAIN Vs. SEOGENI RAI
LAWS(SC)-1951-5-8
SUPREME COURT OF INDIA
Decided on May 04,1951

BISHUNDEO NARAIN Appellant
VERSUS
SEOGENI RAI Respondents


Cited Judgements :-

I T C LTD VS. PHURBA LAMA [LAWS(SIK)-1991-10-2] [REFERRED TO]
BHOOP SINGH VS. RAM SINGH MAJOR [LAWS(SC)-1995-9-117] [REFERRED TO]
P KUMARAN VS. V RAMASWAMI [LAWS(MAD)-2014-8-224] [REFERRED TO]
LADII PANHAD JAISWAL VS. KAROAL DISTILLERY CO LTD [LAWS(SC)-1962-12-17] [REFERRED TO]
SARJU PRASAD VS. BRIJNARAIN LAL [LAWS(PAT)-1956-1-1] [REFERRED TO]
GULABCHAND KAPOOR CHAND VS. CHHATARSINGH [LAWS(MPH)-1959-11-3] [REFERRED TO]
Harcharan VS. Deokinandan [LAWS(MPH)-1960-8-40] [REFERRED TO]
RANGANAYAKAMMA VS. K S PRAKASH [LAWS(KAR)-2005-9-40] [REFERRED TO]
JANKI DEVI VS. HARISH CHANDER CHAWLA [LAWS(DLH)-2011-5-201] [REFERRED TO]
ROSHAN LAL VS. KARTAR CHAND [LAWS(HPH)-2001-12-5] [REFERRED TO]
CHALET HOTELS LIMITED VS. HINDUSTAN AERONAUTICS LIMITED [LAWS(KAR)-2020-5-126] [REFERRED TO]
MAHAMOOD VS. AYISSU [LAWS(KER)-1957-2-25] [REFERRED TO]
ABN AMRO BANK VS. PUNJAB URBAN P AND D AUTHORITY [LAWS(P&H)-1999-7-57] [REFERRED]
RAJA SRINIWAS PRASAD SINGH VS. S [LAWS(ALL)-1961-11-2] [REFERRED TO]
MICHAEL HEATH NATHAN JOHNSON VS. SUBHASH CHANDRA [LAWS(DLH)-1995-11-92] [REFERRED]
MALVIKA MADAN SEHGAL VS. M M DEHGAL LIMITED [LAWS(DLH)-1996-12-42] [REFERRED]
RAJENDRA NATH GHOSH VS. SADHANA BALA BANERJEE [LAWS(CAL)-2003-8-19] [REFERRED TO]
SORABAN BEWA & OTHERS VS. JINNATH BIBI & OTHERS [LAWS(CAL)-2003-8-89] [REFERRED TO]
SULEKHA WORKS LTD VS. STATE [LAWS(CAL)-1963-9-23] [REFERRED TO]
PURNA CHANDRA BANDOPADHAYA VS. GOURI PADA MUKHOPADHAYA [LAWS(CAL)-1964-9-18] [REFERRED TO]
NAFAN B.V. AND ORS. VS. SAF YEAST COMPANY PVT. LTD. AND ORS. [LAWS(BOM)-2015-10-151] [REFERRED TO]
SHAIK MASTAN VS. KAREMPUDI DHARMA RAO [LAWS(APH)-2006-3-7] [REFERRED TO]
K.V. JANARADHANAM CHETTY AND ANOTHER VS. K.V. JAYA KUMAR AND ANOTHER [LAWS(APH)-2016-4-74] [REFERRED TO]
AXIS BANK LIMITED VS. MADHAV PRASAD AGGARWAL & ORS [LAWS(BOM)-2018-10-159] [REFERRED TO]
JYOTSANA RAJGARHIA VS. DIPAK KUMAR HIMATSINGKA [LAWS(CAL)-2002-10-33] [REFERRED TO]
RAJESHWAR PRASAD SINGH VS. AMBIKA PRASAD SINGH [LAWS(PAT)-1955-5-5] [REFERRED TO]
VARANASEYA SANSKRIT VISHWAVIDYALAYA VS. RAJKISHORE TRIPATHI [LAWS(SC)-1976-11-15] [FOLLOWED]
R JANAKIAMMAL VS. S R SOMASUNDARAM [LAWS(MAD)-2011-11-261] [REFERRED TO]
GADADHAR PANDA VS. GANGADHAR PANDA [LAWS(ORI)-1971-4-3] [REFERRED TO]
PADMA VS. KRUPASINDHU [LAWS(ORI)-1985-9-44] [REFERRED TO]
SEETAL ENTERPRISES VS. TINNA OILS AND CHEMICALS LTD [LAWS(ORI)-1996-6-21] [REFERRED TO]
Vijay Kumar VS. Madhavrao [LAWS(MPH)-1962-9-20] [REFERRED TO]
PREMNARAYAN VS. KUNWARJI [LAWS(MPH)-1993-1-15] [REFERRED TO]
KAMALAMMAL VS. GIRIJA [LAWS(MAD)-2009-11-7] [FOLLOWED ON]
KALYANI VS. GIRIJA [LAWS(MAD)-2009-11-146] [REFERRED TO]
LAKSHMI VS. UNIQUE INDUSTRIAL HANDLERS (P) LTD [LAWS(MAD)-2018-9-326] [REFERRED TO]
D. STEPHEN VEDHARAJA VS. V. VADUVANATHAN [LAWS(MAD)-2017-4-159] [REFERRED TO]
SAJU GEORGE VS. MOHAMMED SHERIF [LAWS(KER)-2014-2-146] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. ANDREW VIVERA [LAWS(KER)-1989-3-4] [REFERRED TO]
ALLIANCE UNIVERSITY CHIKKAHAGADE CROSS, BENGALURU VS. SUDHIR [LAWS(KAR)-2017-5-9] [REFERRED TO]
M. GANESAN VS. STATE [LAWS(MAD)-2013-11-180] [REFERRED TO]
UNION OF INDIA VS. SAB INDUSTRIES LTD. [LAWS(DLH)-2015-9-422] [REFERRED TO]
M.J.STONE VS. UNION OF INDIA [LAWS(HPH)-1975-3-3] [REFERRED TO]
NATIONAL CARRIERS VS. M.J.STONE [LAWS(HPH)-1979-10-1] [REFERRED TO]
CHUNI LAL VS. MOHINDER SINGH [LAWS(HPH)-2008-3-28] [REFERRED TO]
ULLASBHAI PARSOTTAMBHAI VS. PATEL DINESHBHAI RAMABHAI [LAWS(GJH)-2013-7-222] [REFERRED TO]
KANAK EXPORTS VS. UNION OF INDIA [LAWS(DLH)-2020-5-60] [REFERRED TO]
PRASANTA BARDHAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-6-10] [REFERRED TO]
T D RAJA REDDI AND COMPANY CHLTTOOR VS. KARURU VYSYA BANK LTD [LAWS(APH)-2001-11-140] [REFERRED TO]
ABDULLA UMAR HAJI ISMAIL MERCHANT VS. SUBAI MURA RABARI [LAWS(BOM)-1997-12-62] [REFERRED TO]
ARYAN KAMAL WADHWA VS. BIHARILAL WADHWA [LAWS(BOM)-2008-9-164] [REFERRED TO]
COL. INDERJEET SINGH VS. VIKRAM SINGH [LAWS(DLH)-2012-7-682] [RELIED TO]
SANT BHUSHAN LAL VS. BRIJ BHUSHAN [LAWS(DLH)-1967-3-16] [REFERRED]
NITINDRA NATH BOSE VS. NATIONAL ROLLING AND STEEL ROPES LTD. [LAWS(CAL)-1973-3-38] [REFERRED TO]
SHITLA PRASAD VS. BANWARI [LAWS(ALL)-2013-10-169] [REFERRED TO]
STARLIGHT BRUCHEM LTD. VS. STATE OF U.P., [LAWS(ALL)-2017-5-85] [REFERRED TO]
KAJAL GOEL PROP. M/S KAJALGOEL CANDLE FACTORY VS. STATE BANK OF INDIA [LAWS(ALL)-2019-8-348] [REFERRED TO]
ARIANE ORGACHEM PVT LTD VS. WYETH EMPLOYEES UNION [LAWS(SC)-2015-4-84] [REFERRED TO]
RAJESH GUPTA VS. SH. MAHABIR PARSHAD [LAWS(P&H)-1981-3-28] [REFERRED TO]
GOPAL CHOUDHARY VS. SUNDARI [LAWS(PAT)-1954-11-7] [REFERRED TO]
HAR KAUR VS. DHAPPAN AND OTHERS [LAWS(P&H)-1985-8-146] [REFERRED]
HDFC BANK LIMITED VS. GEE KAY INTERNATIONAL [LAWS(P&H)-2012-6-41] [REFERRED TO]
STATE OF ORISSA VS. FAKIR CH. SETHY [LAWS(ORI)-2009-7-57] [REFERRED TO]
JOHNBHAI GIDHIYONBHAI CHRISTIAN VS. WILSONBHAI SOMCHANDBHAI THAKORE [LAWS(GJH)-2018-6-238] [REFERRED TO]
RAMANATHAN CHETTIAR VS. VEERAPPA CHETTIAR AND OTHERS [LAWS(MAD)-1954-8-29] [REFERRED]
SUNDER LAL SONI VS. NAMITA JAIN [LAWS(MPH)-2005-11-53] [REFERRED TO]
MUHURTAAM EVENT MANAGEMENT PVT LTD VS. T.K.S.VILLALAN [LAWS(MAD)-2020-12-421] [REFERRED TO]
M. RAMA BAI VS. DR. RAJENDRA REDDIAR [LAWS(KER)-1989-8-71] [REFERRED TO]
RAJAN AND OTHERS VS. SOMAN AND OTHERS [LAWS(KER)-2010-9-628] [REFERRED TO]
VERONICA THOMAS RAJKUMAR VS. JOSEPH JOHN PETER SANDY [LAWS(MAD)-2003-7-236] [REFERRED TO]
ASHIMA SECURITIES PVT LTD VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-2010-1-40] [REFERRED TO]
SURJIT BEHL VS. JASPAL KAUR BHATIA [LAWS(CHH)-2022-3-44] [REFERRED TO]
SAI DEVELOPERS VS. NAKULAN S PANNIKAR [LAWS(GJH)-2011-3-192] [REFERRED TO]
MASHKURUL HASAN VS. UNION OF INDIA (UOI) AND ANR. [LAWS(ALL)-1966-9-31] [REFERRED TO]
RAJA RAM SONAR VS. DURGA DEVI AGARWAL [LAWS(ALL)-1968-8-10] [REFERRED TO]
ESCORTS LTD VS. UNION OF INDIA [LAWS(BOM)-1984-11-49] [REFERRED TO]
GOGINENI VENKATESWARA RAO VS. GOGINENI RAGHAVAIAH [LAWS(APH)-2021-11-47] [REFERRED TO]
NAME RAMA MURTHY VS. RAVULA SOMASUNDARAM [LAWS(APH)-2001-12-112] [REFERRED TO]
VAJIYANTABAI NAMDEO PATIL VS. NEW INDIA INSURANCE COMPANY LTD [LAWS(BOM)-2021-3-257] [REFERRED TO]
DICITEX FURNISHING LTD. VS. THE ORIENTAL INSURANCE CO. LTD. AND ORS. [LAWS(BOM)-2015-10-28] [REFERRED TO]
ELECTROSTEEL CASTINGS LIMITED VS. UV ASSET RECONSTRUCTION COMPANY LIMITED [LAWS(SC)-2021-11-66] [REFERRED TO]
SHANTI BUDHIYA VESTA PATEL VS. NIRMALA JAYPRAKASH TIWARI [LAWS(SC)-2010-4-33] [REFERRED TO]
JOSEPH JOHN PETER SANDY VS. VERONICA THOMAS RAJKUMAR [LAWS(SC)-2013-3-19] [REFERRED TO]
LAXMAN NAGA AND OTHERS VS. BAIDEHI KUDEI AND OTHERS [LAWS(ORI)-2017-10-95] [REFERRED TO]
LILJU MANDAL VS. CHANDRA DEVI [LAWS(PAT)-1964-2-13] [REFERRED TO]
BHUBANESWAR MISHRA VS. UJALAMANI DEVI [LAWS(ORI)-1980-4-1] [REFERRED TO]
BAI LILAVATI VS. VALLABHBHAI MORARJI [LAWS(GJH)-1988-7-13] [REFERRED]
LEGAL HEIRS OF PALUNGBAM HITLER SINGH VS. ANGOM ASHOK SINGH [LAWS(GAU)-2012-5-41] [REFERRED TO]
SARDARNI RAMINDER SARUP SINGH VS. GOVINDER SINGH [LAWS(DLH)-2010-5-35] [REFERRED TO]
OM PRAKASH VS. IOCL OFFICERS WELFARE SOCIETY & ANR [LAWS(DLH)-2019-1-212] [REFERRED TO]
MRIGAN MAITY AND ORS. VS. DARIDRA BANDHAB BHANDAR AND ANR. [LAWS(CAL)-2011-9-203] [REFERRED TO]
NEELAMSETTI KATAJI RAO VS. REGATI RAMARAJU [LAWS(APH)-2001-3-24] [REFERRED TO]
DIPA GANGULY VS. NEW INDIA ASSURANCE COMPANY LIMITED [LAWS(BOM)-2009-2-141] [REFERRED TO]
CLIVE MILLS CO LTD VS. STATE [LAWS(CAL)-1964-3-7] [REFERRED TO]
NEW JANTA SRA CHS LTD. VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-9-183] [REFERRED TO]
STANDARD CHARTERED GRINDLAYS BANK LTD VS. GRINDLAYA BANK EMPLOYEES ASSN [LAWS(CAL)-2001-9-4] [REFERRED TO]
SURYA PRAKASH AND ORS. VS. AYODHYA PRASAD [LAWS(ALL)-2015-5-319] [REFERRED TO]
SARASWATI DEVI VS. RAM SIA [LAWS(ALL)-2018-7-297] [REFERRED TO]
SURESH HEMMADY VS. DINESH PANDURANG BELLARE [LAWS(BOM)-2013-6-67] [REFERRED TO]
SANJAY KUMAR PATENGAY S/O SATYANARAY VS. SATYANARAYANA RAO PATANGAY [LAWS(APH)-2013-11-4] [REFERRED TO]
GOGINENI DANUNJAYA VS. GOGINENI ANUSHA [LAWS(APH)-2020-9-86] [REFERRED TO]
RAMESH B DESAI VS. BIPIN VADILAL MEHTA [LAWS(SC)-2006-7-107] [REFERRED TO]
ATMA SINGH VS. JANGIR KAUR [LAWS(P&H)-1958-9-34] [REFERRED]
SITA RAM SINGH VS. RAM KISHORI DEVI [LAWS(PAT)-2010-4-486] [REFERRED TO]
RAM PRASAD SINGH VS. CHANDRAWATI DEVI [LAWS(PAT)-2010-7-16] [REFERRED TO]
ZEHRO VS. BALBIR SINGH [LAWS(P&H)-2011-4-1] [REFERRED TO]
SRI PATURAN SINGH AND OTHERS VS. SRI CHANDRADIP SINGH AND ORS. [LAWS(PAT)-1971-5-5] [REFERRED TO]
SHEO KUMAR SINGH VS. HANUMAT PRASAD SINGH [LAWS(PAT)-1971-8-19] [REFERRED TO]
LALJI SAH VS. SAT NARAIN BHAGAT [LAWS(PAT)-1961-10-4] [REFERRED TO]
UNION OF INDIA VS. MOTILAL KAMALIA [LAWS(PAT)-1961-9-8] [REFERRED TO]
K. G. VENKATESH VS. S. B. NIRMALA [LAWS(KAR)-2019-8-68] [REFERRED TO]
YOG RAJ VS. KULDEEP RAJ GUPTA [LAWS(J&K)-2001-3-1] [REFERRED TO]
Makharia Bros. VS. Madhya Pradesh Electricity Board, Jabalpur [LAWS(MPH)-1981-12-22] [REFERRED TO]
RAMNARAIN BHUJBALSINGH VS. PURUSHOTTAM POORNASHANKER [LAWS(MPH)-1981-2-25] [REFERRED TO]
HAJRA BAI VS. JADAVBAI [LAWS(MPH)-1984-11-1] [REFERRED TO]
SAROJA VS. R.P. MATHESWARAN [LAWS(MAD)-2014-7-7] [REFERRED TO]
LAJJA RAM VS. CHANDU DEVI AND ORS. [LAWS(HPH)-2015-11-101] [REFERRED TO]
M BHAGYALAKSHMI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1980-4-14] [REFERRED TO]
N VIJAYA MOHAN REDDY VS. STATE OF A P [LAWS(APH)-1982-6-11] [REFERRED TO]
BADUGU VENKATA DURGA RAO VS. SURNENI LAKSHMI [LAWS(APH)-2000-9-7] [REFERRED TO]
MRIGAN MAITY VS. DARIDRA BANDHAB BHANDAR [LAWS(CAL)-2011-9-75] [REFERRED TO]
PRABODH CHANDRA MUKHERJEE VS. PASUPATI MUKHERJEE [LAWS(CAL)-1966-6-1] [REFERRED TO]
MAHUA VS. UNION OF INDIA [LAWS(CAL)-1970-9-29] [REFERRED TO]
SAKOW INDUSTRIES PVT. LTD. VS. STATE BANK OF INDIA [LAWS(CAL)-1973-6-28] [REFERRED TO]
DEBI PRASAD VS. CHHOTEY LAL [LAWS(ALL)-1965-10-5] [REFERRED TO]
ON DEATH OF BRAHMADEV PRASAD BIN HIS LEGAL HEIRS BACCHU PRASAD BIN VS. NARENDRA NATH ROY [LAWS(GAU)-2018-1-43] [REFERRED TO]
VIKRAM SINGH VS. AJIT INDER SINGH [LAWS(DLH)-2014-2-144] [REFERRED TO]
M/S.KRISHNA BUILDERS AND DEVELOPERS VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-10-4] [REFERRED TO]
OFFICIAL RECEIVER VS. ISWAR BALDEV JIU [LAWS(CAL)-1963-6-18] [REFERRED TO]
RAJESH KUMAR AGRAWAL VS. VIRENDRA KUMAR AGRAWAL [LAWS(ALL)-1993-5-8] [REFERRED TO]
WORLD SPORT GROUP INDIA PRIVATE LIMITED VS. BOARD OF CONTROL FOR CRICKET IN INDIA [LAWS(BOM)-2011-2-82] [REFERRED TO]
BLUE COAST HOTELS LIMITED VS. IFCI LIMITED AND ORS. [LAWS(BOM)-2016-3-127] [REFERRED TO]
BALBIR SINGH MAYAL AND ORS. VS. MUNICIPAL CORPORATION OF DELHI AND ORS. [LAWS(DLH)-2009-3-322] [REFERRED TO]
RENAISSANCE AQUA SPORTS P LTD VS. HOTEL MARINA [LAWS(DLH)-2010-1-57] [REFERRED TO]
KARUMANCHI SUBBA RAO VS. DESU SATYANARAYANA [LAWS(APH)-2002-7-101] [REFERRED TO]
SINGANABOINA MALLAIAH VS. SINGABOINA MADHUSUDHAN [LAWS(APH)-2005-7-74] [REFERRED TO]
REGATI RAMARAJU VS. NEELAMSETTI KATAJI RAO [LAWS(APH)-2009-6-68] [REFERRED TO]
NAWAB MIR JAFAR ALI KHAN VS. SYED KHAJA HUSSAINI AND ORS. [LAWS(APH)-2014-4-184] [REFERRED TO]
CHEEDELLA RADHAKRISHNA SHARMA AND ORS. VS. RADHAKRISHNAMURTHY AND ORS. [LAWS(APH)-2014-9-176] [REFERRED TO]
MR. JAGDISH LAL GUPTA VS. CAMEO FABRICS LTD. [LAWS(BOM)-2017-7-202] [REFERRED TO]
VAIJAYANTABAI NAMDEO PATIL VS. NEW INDIA INSURANCE COMPANY LTD [LAWS(BOM)-2021-2-279] [REFERRED TO]
FOOD CORPORATION OF INDIA VS. UMANATH BHAGAT AND MONGAL CHANDRA ROY & ORS. [LAWS(CAL)-1988-7-62] [REFERRED TO]
UNIVERSAL PETRO CHEMICALS LIMITED VS. B P P L C [LAWS(CAL)-2005-12-17] [REFERRED TO]
IN MATTER OF KAJAL GOEL VS. STATE BANK OF INDIA [LAWS(ALL)-2019-8-283] [REFERRED TO]
CHHABIRAM VS. VIMLA DEVI [LAWS(ALL)-2020-1-401] [REFERRED TO]
RAJ KUMAR GUPTA VS. STATE OF U P [LAWS(ALL)-2010-4-82] [REFERRED TO]
GURCHARAN SINGH VS. SUKHVINDER SINGH [LAWS(P&H)-1970-12-4] [REFERRED TO]
NIRMALJIT SINGH AND OTHERS VS. HARNAM SINGH AND OTHERS [LAWS(P&H)-1979-4-19] [REFERRED TO]
BHOOP SINGH VS. RAM SINGH MAJOR [LAWS(SC)-1995-9-89] [DISTINGUISHED]
RAM DHARI VS. DARBO [LAWS(P&H)-1995-12-126] [REFERRED]
NAIB SINGH VS. GURDEV KAUR [LAWS(P&H)-2011-4-128] [REFERRED TO]
JAI RAM SAH VS. VIRENDRA SINGH AND ORS. [LAWS(PAT)-2015-8-123] [REFERRED TO]
I T C VS. KRISHNA MOKTAN [LAWS(SIK)-1991-10-1] [REFERRED TO]
KALINGA TUBES LTD VS. SHANTI PRASAD JAIN [LAWS(ORI)-1963-4-7] [REFERRED TO]
BISHNU PRIYA DEI VS. BRUSABHANU MOHAPATRA [LAWS(ORI)-1975-12-2] [REFERRED TO]
MUSI DEI VS. LABANYA BEWA [LAWS(ORI)-1986-4-22] [REFERRED TO]
JAGANNATH BARDHAN VS. KAILASH BARDHAN [LAWS(ORI)-1996-8-3] [REFERRED TO]
ANTONY P. MATHEW VS. REGIONAL MANAGER (MARKETING) LIFE INSURANCE CORPORATION OF INDIA [LAWS(KER)-2014-9-99] [REFERRED TO]
S KALIYAMMAL VS. K PALANIAMMAL [LAWS(MAD)-1998-4-48] [REFERRED TO]
K M MADHAVAKRISHNAN VS. S R SAMI [LAWS(MAD)-1980-2-10] [REFERRED TO]
S GUHAN VS. RUKMINI DEVI [LAWS(MAD)-1986-11-1] [REFERRED TO]
ARUMUGA THEVAR VS. GOVINDA THEVAR [LAWS(MAD)-1987-9-16] [REFERRED TO]
YOG RAJ VS. KULDEEP RAJ GUPTA [LAWS(J&K)-1989-12-1] [REFERRED TO]
MOHIT AND ORS. VS. RAM PYARI AND ORS. [LAWS(DLH)-2016-2-57] [REFERRED TO]
KARTIK CHANDRA BANERJEE VS. MANJURANI BANERJEE [LAWS(CAL)-1973-7-18] [REFERRED TO]
INDIRA BAI PATEL VS. B A PATEL [LAWS(APH)-1973-4-9] [REFERRED TO]
GIRJA SINGH VS. COMMITTEE OF MANAGEMENT INTERMEDIATE COLLEGE [LAWS(ALL)-2022-6-24] [REFERRED TO]
K CHINNA THIMMA REDDI VS. K A VENKATARAMI REDDY [LAWS(APH)-2003-7-117] [REFERRED TO]
AJJAPALLLI PAPAIREDDY VS. AJJAPALLI NARAYANAREDDY [LAWS(APH)-2013-10-99] [REFERRED TO]
ANSUMAN MULLICK VS. MALLIKA INVESTMENT CO P LTD [LAWS(CAL)-2004-5-22] [REFERRED TO]
SRI. KAJAL PAUL VS. SHRI. SAJAL PAUL [LAWS(TRIP)-2016-6-21] [REFERRED TO]
SHREE NARAIN DHANUKA VS. JAIDEV PRASAD INDORIA [LAWS(RAJ)-2000-10-40] [REFERRED TO]
SUDARSHAN VS. L CHANAN RAM [LAWS(P&H)-1954-9-17] [REFERRED]
GURDEV KAUR VS. MEHAR SINGH [LAWS(P&H)-1988-7-13] [RELIED ON]
SURJIT SINGH VS. DHARAM KAUR [LAWS(P&H)-1995-8-190] [REFERRED]
LYNETTE FERNANDES VS. GERTIE MATHIAS [LAWS(KAR)-2006-11-25] [REFERRED TO]
K DAMODARAN VS. SAMUEL AARON [LAWS(KER)-1959-10-14] [REFERRED TO]
MRS. JAYASHREE JAYANTH VS. MR. N. KRISHNASWAMY AND MRS. PREMALEELA KRISHNASWAMY (DECEASED) AND OTHERS [LAWS(MAD)-2017-9-313] [REFERRED TO]
TRESA XAVIER VS. MARY SIMON [LAWS(KER)-2022-2-161] [REFERRED TO]
BHILAI STEEL PLANT (STEEL AUTHORITY OF INDIA LTD.)— VS. DILESHWARI BAI SONI [LAWS(NCD)-2012-9-82] [RELIED TO]
MISS HARBIR KAUR VS. TEKNOW CONSULTANTS & ENGINEERS (P) LIMITED [LAWS(P&H)-2011-2-123] [REFERRED TO]
SARLABAI VS. KOMAL SINGH [LAWS(MPH)-1991-7-24] [RELIED ON]
G SUBASHINI VS. P LAKSHMI BAI [LAWS(MAD)-1987-1-20] [REFERRED TO]
RAJAN VS. SOMAN [LAWS(KER)-2008-9-55] [REFERRED TO]
SAMDARIYA BUILDERS PVT. LTD. VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-10-177] [REFERRED TO]
KHALIL SUFI VS. AZIZ BHAT [LAWS(J&K)-1960-6-4] [REFERRED TO]
ASGHAR ALI VS. CHIDDA [LAWS(ALL)-1981-11-21] [REFERR]ED TO]
DILIP DUTTA BHOWMIK VS. MIRA DUTTA BHOWMIK [LAWS(GAU)-2006-11-26] [REFERRED TO]
DAMBARUDHER DAS VS. PABITRA MOHAN DAS AND ORS. [LAWS(GAU)-2008-2-105] [REFERRED TO]
PURI CONSTRUCTION P LTD VS. LARSEN AND TOUBRO LTD [LAWS(DLH)-2015-4-218] [REFERRED TO]
AMOLAK SINGH JAIN VS. SATYAWATI [LAWS(DLH)-1979-3-5] [REFERRED TO]
MOLUGU PEDA VEERANNA VS. MOLUGU CHAKRAPANI ALSO KNOWN AS PANIAH., & OTHERS [LAWS(APH)-1958-6-16] [REFERRED TO]
GOPAL SHRINIVASAN AND ORS. VS. NATIONAL SPOT EXCHANGE LIMITED AND ORS. [LAWS(BOM)-2016-5-16] [REFERRED TO]
SHAIK MASTAN VS. KAREMPUDI DHARMA RAO [LAWS(APH)-2007-3-105] [REFERRED]
VINODRAI HARIDAS KOTADIA VS. GOPALDAS HARIDAS KOTADIA [LAWS(BOM)-2017-3-184] [REFERRED TO]
BCL FINANCIAL SERVICES LTD VS. PASHUPATI NATH PRASAD [LAWS(CAL)-2002-6-12] [REFERRED TO]
TIKA RAM VS. DAULAT RAM [LAWS(ALL)-2013-4-175] [REFERRED TO]
JOSEPH JOHAN PETER SANDY VS. VERONICA THOMAS RAJKUMAR [LAWS(SC)-2013-2-83] [REFERRED TO]
VISHAL BUILTECH INDIA PVT LTD VS. STATE OF BIHAR [LAWS(PAT)-2009-10-15] [REFERRED TO]
BPR INFRASTRUCTURE LIMITED VS. RITES LTD [LAWS(TLNG)-2022-6-89] [REFERRED TO]
AKSINGH VS. DURJANSINGH [LAWS(RAJ)-1952-5-3] [REFERRED TO]
S.KALIANNA GOUNDER VS. S.PERIYASAMY [LAWS(MAD)-2017-10-98] [REFERRED TO]
RATNAM CHETTIAR VS. S M KUPPUSWAMI CHETTIAR [LAWS(SC)-1975-9-16] [FOLLOWED]
HAREKRISHNA SAHU VS. BHAGIRATHI SAHU [LAWS(ORI)-1974-4-20] [REFERRED TO]
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JUDGEMENT

Bose J - (1.)THIS is a plaintiffs' appeal from a judgment and decree of the High court of Judicature at Patna. Their Lordships of the Privy council had granted special leave and the matter has been transferred to this court.
(2.)THE suit out of which the appeal arises was for a declaration in compromise decree, made in a previous suit for partition, does not bind the plaintiffs. THE learned counsel for the plaintiffs-appellants also contends that he asked for partition in the present case. But that is a matter of doubt.
The facts in brief are as follows: The parties are members of a family whose common ancestor was one Moti Rai. A long genealogical tree was attached to the plaint but it is not necessary to reproduce more than the following: JUDGEMENT_280_AIR(SC)_1951Image1.jpg

Moti Rai had two sons, Bhanjan Rai and Hazari Rai. The defendants are descended from the former and the plaintiffs from the latter. The contesting defendant is Soogeni Rai, son of Firangi Rai. The plaintiffs did not disclose that Moti Rai's two sons were by different wives, as that was not their case, but that has now been found to be the fact and was not disputed here.

The plaintiffs' case is that the family was joint at all material times until their father Ghughuli Rai was forced into a partition in the year 1924. They state that this partition does not bind them for a variety of reasons which, so far as they affect the present appeal, will be detailed later.

According to the plaintiffs, the circumstances of that partition were as follows. The plaintiffs' father Ghughuli Rai and the first plaintiff instituted partition suit No. 51 of 1924 against Firangi Rai and his brothers and their descendants, that is to say, against all the members of Bhanjan Rai's branch who were then in existence. The second plaintiff was not then born and the first plaintiff was a minor. There were also minors among the defendants. Firangi Rai, who was the, karta of the family, through the exercise of undue influence, and by coercion, forced the plaintiffs' father to compromise. The compromise was grossly unfair and unequal but nevertheless a decree for partition followed. This is the decree which the plaintiffs seek to challenge here.

(3.)IT is admitted on both sides that decree left certain properties undivided. The extent of those properties is in dispute but the fact that some properties were left undivided is admitted. 282
In the year 1936 the first defendant instituted partition suit No. 29 of 1936 for partition by metes and bounds of that portion of the estate which was not divided in 1924. The plaintiffs' case is that the previous partition does not bind them and so the whole of the family estate must be brought into hotch-pot and divided and not merely the properties which were left undivided in 1924; also that their share in these properties is greater than the share allotted to their father under the compromise decree. The plaintiffs state that so long as the compromise decree in partition suit No. 51 of 1924 stands, such a defence is not open to them in suit No. 29 of 1936. Accordingly, they have brought the present suit.

The first defendant alone contested and as we are not concerned with any of the others except indirectly, it will be convenient to refer to him throughout as the defendant. He stands by the compromise and denies that the partition effected by it was either unequal or unfair. On the contrary, he asserts that the plaintiffs got much more than they were entitled to. He also denies the allegation about undue influence and coercion.

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