VidhiSangh

Supreme Court of India · 19/03/2024

JUGAL KISHORE KHANNA (D) THR. LRS. & ANR. versus SUDHIR KHANNA & ORS.

[2024] 3 S.C.R. 838 · 2024 INSC 224

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Summary

The evidence supported the claimed family settlement extinguishing the respondents’ branch’s half share in the Kamla Nagar property for Rs.55,000. The suggested maintenance explanation lacked support, while payment, possession, rental dealings and absence of a lifetime claim supported the appellants. Their exclusive ownership and the trial decree were restored. Separately, no evidence showed that the Malcha Marg property was bought with joint-family funds; its exclusive ownership by the respondents’ branch was upheld. The two appeals accordingly had opposite outcomes.

Issues

  1. Whether payment and surrounding conduct established settlement of the Kamla Nagar share.
  2. Whether the Malcha Marg property was proved to be joint-family property.
  3. What separate relief followed for each property and appeal.

Held

Result

Civil Appeal 1591/2020 allowed: Kamla Nagar trial decree restored and appellants declared exclusive owners. Civil Appeal 1592/2020 dismissed: Malcha Marg ruling upheld. Status quo orders vacated; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 838.