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Mst. Laxmi Bai Vs. Gulab Chand and ors - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1759(N) of 1969
Judge
Reported in(1982)3SCC183
AppellantMst. Laxmi Bai
RespondentGulab Chand and ors
Excerpt:
- [ a.d. koshal and; s. murtaza fazal ali, jj.] -- constitution of india — article 133 — disproportionate and inequitable distribution of property — decree modified accordingly -- remaining portion of holding number 952 in ward no. 7 after excluding the residential house of respondent 4 situate thereon with land appurtenant thereto within the boundary walls enclosing the said residential premises of respondent 4 (actually the plot number of this item is 952 as recorded in municipal records)......view of the situation we modify the decree of the high court to this extent that the following more items shall be given to her :1. kuwawala, holding no. 929 in ward no. 7, the property described in the schedule to the plaint as the first item (actually the plot number of this item is 929 as recorded in municipal records).2. remaining portion of holding number 952 in ward no. 7 after excluding the residential house of respondent 4 situate thereon with land appurtenant thereto within the boundary walls enclosing the said residential premises of respondent 4 (actually the plot number of this item is 952 as recorded in municipal records).2. the appeal is accordingly disposed of with the aforesaid modification without any order as to costs.
Judgment:

A.D. Koshal and; S. Murtaza Fazal Ali, JJ.

1. We have heard counsel for the parties and also have gone through judgments of the High Court and the trial court. We find that the property allotted to the appellant Mst Laxmi Bai is disproportionate and inequitable. Taking an overall view of the situation we modify the decree of the High Court to this extent that the following more items shall be given to her :

1. Kuwawala, Holding No. 929 in Ward No. 7, the property described in the Schedule to the plaint as the first item (actually the plot number of this item is 929 as recorded in Municipal records).

2. Remaining portion of Holding Number 952 in Ward No. 7 after excluding the residential house of Respondent 4 situate thereon with land appurtenant thereto within the boundary walls enclosing the said residential premises of Respondent 4 (actually the plot number of this item is 952 as recorded in Municipal records).

2. The appeal is accordingly disposed of with the aforesaid modification without any order as to costs.


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