Smt. Badami (Deceased) By her L.R..... Appellant Versus Bhali... Respondent
Case No: CIVIL APPEAL No. 1723 OF 2008
Court: SUPREME COURT OF INDIA
Date: 22 May 2012
Parties Involved
appellantSmt. Badami (Deceased) By her L.R. Risali
respondentBhali
Facts Summary
The case revolves around a family settlement and subsequent litigation over ancestral property. In 1973, Bhali, the respondent, filed a suit against Badami, the appellant, claiming ownership of a share of ancestral land. A consent decree was passed in favor of Bhali on 27.11.1973. Despite the decree, Badami remained in possession of the property. Bhali filed subsequent suits for permanent injunction and possession, which were decreed in his favor by lower courts. Badami, through her legal representative, appealed to the Supreme Court, challenging the validity of the 1973 decree on grounds of fraud and manifest illegality.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the judgment and decree dated 27.11.1973 passed by the sub-Judge, Kaithal in Civil Suit No. 1422 of 1973 is to be declared as a nullity being vitiated by fraud and manifest illegality.
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
8 precedents cited in this judgement.