REGENT COMPUTRONICS PVT. LTD.

RAMJI GUPTA Appellant

V/S

GOPI KRISHAN AGRAWAL Respondents

Referred Judgements :-

RADHA RANI BHARGAVA VS. HANUMAN PRASAD BHARGAVA DECEASED AND AFTER HIM [REFERRED TO]
DHULABHAI VS. STATE OF MADHYA PRADESH [REFERRED TO]
KARMI VS. AMRU [REFERRED TO]
SUPREME GENERAL FILMS EXCHANGE LIMITED SUPREME GENERAL FILMS EXCHANGE LIMITED VS. HIS HIGHNESS MAHARAJA SIR BRIJNATH SINGHJI DEO OF MAIHAR:HER HIGHNESS TEJ SURYAWANSHIJI [REFERRED TO]
NAVNEET LAL ALIAS RANGI VS. GOKUL [REFERRED TO]
GANGABAI VS. CHHABUBAI [REFERRED TO]
BUDHU MAL RAM PHAL VS. MAHABTR PRASAD:MAHABTR PRASAD [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. INDIA AUTOMOBILES AND CO [REFERRED TO]
RAMESHWAR DAYAL VS. BANDA DEAD [REFERRED TO]
MUNINANJAPPA VS. P MANUAL [REFERRED TO]
SHARAD SUBRAMANYAN VS. SOUMI MAZUMDAR [REFERRED TO]
SADHU SINGH VS. GURDWARA SAHIB NARIKE [REFERRED TO]
GADDAM RAMAKRISHNAREDDY VS. GADDAM RAMI REDDY [REFERRED TO]
NIRMAL JEET SINGH HOON VS. IRTIZA HUSSAIN [REFERRED TO]
JAGAN SINGH DEAD THROUGH LRS VS. DHANWANTI [REFERRED TO]

JUDGEMENT

(1.) C.A. No.629 of 2004

(2.) Facts and circumstances giving rise to this appeal are that:

(3.) Shri D.K. Garg, learned counsel appearing for the appellants, has submitted that the Small Causes Court has no jurisdiction/ competence, to determine the issue of title over the property, and that all the courts below have erred, as they have adjudicated upon the issue of title. Such a course is not permissible in collateral proceedings, as the issue of title can be adjudicated upon, only by the Civil Court. Moreover, the judgment and order dated 23.4.1958 could not be given effect, in view of the provisions of Section 14(2) of the Hindu Succession Act, 1956 (hereinafter referred to as the 'Act, 1956'). Therefore, the appeal deserves to be allowed.

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RAMJI GUPTA Vs. GOPI KRISHAN AGRAWAL

Referred Judgements :-

JUDGEMENT

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