Law on Maintainability of Civil Suits : Supreme Court Highlights the Crucial Legal Position
Dealing with a case arising out of a civil suit, it is held that where there is a construction raised on the disputed property alleged to be owned by the plaintiffs, the appropriate and efficacious remedy was to institute a suit for possession along with a consequential relief of injunction, and not a suit for injunction simpliciter.
Sanjay Paliwal v. BHEL [2026] GCtR 41 (SC)
Holder of Joint Property : Supreme Court Explains the Legal Aspects
An important Judgment was passed by Hon'ble Supreme Court on 10 January 1966.
It has been commented in Gowli Buddanna v. Commissioner of Income-tax, Mysore, Bangalore [1966] GCtR 3044 (SC) thus : -
"A Hindu joint family consists of all persons lineally descended from a common ancestor, and includes their wives and unmarried daughters. A Hindu coparcenary is a much narrower body than the joint family: it includes only those persons who acquire by birth an interest in the joint or coparcenary property, these being the sons, grandsons and great-grandsons of the holder of the joint property for the time being. Therefore there may be a joint Hindu family consisting of a single male member and widows of deceased coparceners."
Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link
https://main.sci.gov.in/daily-order
Then entering the date of Judgment, for example, as 10 January 1966.
Written by
Vishal
Delhi
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