BISWANATH GHOSH Vs. GOBINDA GHOSH ALIAS GOBINDHA CHANDRA GHOSH
LAWS(SC)-2014-3-26
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on
March 14,2014
BISWANATH GHOSH
Appellant
VERSUS
Gobinda Ghosh Alias Gobindha Chandra Ghosh
Respondents
Referred Judgements :-
KEDAR LAL SEAL VS. BAN LAL SEAL [REFERRED TO]RESERVE BANK OF INDIA VS. RAMKRISHNA GOVIND MOREY [REFERRED TO]
SYED DASTAGIR VS. T R GOPALAKRISHNASETTY [REFERRED TO]
SASIKUMAR VS. KUNNATH CHELLAPPAN NAIR [REFERRED TO]
GURDEV KAUR VS. KAKI [REFERRED TO]
SUGANI VS. RAMESHWAR DAS [REFERRED TO]
Cited Judgements :-
D.N. JOSHI (D) THR. LRS. & OTHERS. VS. D.C. HARRIS & ANOTHER. [LAWS(SC)-2017-7-65] [REFERRED TO]JADUBANS PRASAD SAHI & ORS VS. SABITRI DEVI [LAWS(PAT)-2015-6-77] [REFERRED]
NANJAMMA AND ORS. VS. LAKSHMANA AND ORS. [LAWS(KAR)-2015-7-179] [REFERRED TO]
SITAC PVT. LTD. VS. BANWARI LAL SONS PVT. LTD. [LAWS(DLH)-2019-7-98] [REFERRED TO]
RAM AUTAR VS. BALDEO SINGH [LAWS(ALL)-2017-3-180] [REFERRED TO]
SHAKRAJI GABAJI THAKORE & 3 VS. STATE OF GUJARAT [LAWS(GJH)-2016-9-42] [REFERRED]
HARI NARAYAN VS. AWADH NARAYAN SINGH [LAWS(ALL)-2015-12-192] [REFERRED TO]
S. SUSHEELA DEVI VS. J. VASUKI [LAWS(MAD)-2019-8-465] [REFERRED TO]
MOHINDER KUMAR SHARMA VS. N.K. MANN AND ORS. [LAWS(DLH)-2016-2-49] [REFERRED TO]
MANGOO @ MANGILAL VS. ABDUL GHANI [LAWS(RAJ)-2019-11-86] [REFERRED TO]
SINGARAM VS. RAMANATHAN [LAWS(SC)-2021-8-80] [REFERRED TO]
BANWARI LAL SHARMA VS. SANJAY GHAI [LAWS(CHH)-2024-2-40] [REFERRED TO]
MITESHKUMAR MANHARLAL DAVE & 1 VS. STATE OF GUJARAT [LAWS(GJH)-2016-9-41] [REFERRED]
M/S RAMSON REMEDIES VS. PUNJAB STATE POWER CORPORATION LIMITED [LAWS(P&H)-2016-5-400] [REFERRED TO]
G RAM CONSTRUCTION COMPANY VS. CHOWGULE & COMPANY (HIND) PVT LTD [LAWS(BOM)-2019-4-190] [REFERRED TO]
TARAWATI VS. RAM MURTI LAL GANGWAR [LAWS(ALL)-2015-11-190] [REFERRED TO]
SARDAR CHARAN SINGH VS. NARENDRA BISWAS [LAWS(GAU)-2015-11-62] [REFERRED TO]
JALAL UDDING SK. VS. JOBBAR ALI AND OTHERS [LAWS(GAU)-2015-4-114] [REFERRED TO]
H. ANWAR KHAN VS. SMT. G. RAVI KUMARI AND OTHERS [LAWS(APH)-2017-12-76] [REFERRED TO]
GOSWAMI HARDEVGIRI RAMGIRI & 1 VS. STATE OF GUJARAT [LAWS(GJH)-2016-8-200] [REFERRED]
V. RAJAVEL VS. THANGAMANI [LAWS(MAD)-2016-11-95] [REFERRED TO]
SHRAWN BYOHAR VS. ASHISH KUMAR AND OTHERS [LAWS(MPH)-2017-7-195] [REFERRED TO]
SHIV RAJ GUPTA VS. COMMISSIONER OF INCOME-TAX, DELHI [LAWS(SC)-2020-7-9] [REFERRED TO]
DEVKISHAN VS. RAMCHANDRA & ORS [LAWS(MPH)-2016-8-192] [REFERRED]
KAPOOR SINGH VS. NISHAN SINGH AND ORS. [LAWS(P&H)-2016-4-34] [REFERRED TO]
WOODLAND MANUFACTURERS LTD VS. SHANKAR PRASAD GARGA [LAWS(CAL)-2014-9-155] [REFERRED TO]
NARENDRA VS. TULSABAI AND ORS. [LAWS(BOM)-2016-2-164] [REFERRED TO]
JUDGEMENT
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(1.)This appeal is directed against the judgment and order dated 28.3.2005 passed by Calcutta High Court in S.A. No.244 of 1987 whereby the judgment and decree passed by the Trial Court as also the Appellate Court has been reversed and the suit was dismissed holding that the suit itself was barred by limitation and lack of relevant pleading and evidence disentitle the plaintiff-appellant to get a decree for specific performance and for re-conveyance of the suit property.
(2.)The facts of the case lie in a narrow compass.
(3.)The plaintiffs-appellants in need of money took a loan of Rs.3,000/- from the defendants-respondents and executed a registered Kobala dated 24.11.1964. On the same day, a registered Ekrarnama was also executed between the parties stipulating the terms of re-conveyance on payment of the loan amount by the appellants to the respondents.
(2.)The facts of the case lie in a narrow compass.
(3.)The plaintiffs-appellants in need of money took a loan of Rs.3,000/- from the defendants-respondents and executed a registered Kobala dated 24.11.1964. On the same day, a registered Ekrarnama was also executed between the parties stipulating the terms of re-conveyance on payment of the loan amount by the appellants to the respondents.
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