....2. The short facts are: the appellants are the defendants in Suit No. 20 of 1974 which is filed by Respondent 1 Velu Pillai since deceased claiming to be the only legal heir as brother to the est...was not entitled to succeed as legal heir. In fact, they are in possession of the suit property which could not be disturbed except by any legal heir. Both the suits and the said proceedings under the...decision under it has this limited effect, but it in no way puts any legal embargo on the parties to prove to the contrary in any subsequent suit or proceedings. On the other hand learned counsel for...

...of the defendant was allowed and the suit of the plaintiff was dismissed on the ground that he was not legal heir of Bahadur Chand.2. A suit for recovery of Rs. 2800/- plus interest...plaintiff is the legal heir of Bahadur Chand deceased, if so its effect? OPD3. Whether the suit is barred by limitation? OPD4. Relief.”4. The trial Court...pronotes was never denied as such but once locus of the plaintiff to file the suit being legal heir was denied and the onus was upon him, he should have examined the scribe or one of the attesting witness...

...himself the only legal heir of one Karam Singh filed a suit for recovery of rupees one lac along with interest against the defendants, deposited by said Karam Singh with defendant Nos. 2 and 3 which...suit in favour of the plaintiff who is the legal heir of deceased Karam Singh and appellant-defendant No. 1 being nominee was liable to return the amount to the plaintiff which she had received from...aforesaid defendant's No. 2 and 3 and give the same to him but she refused. The plaintiff filed a suit for permanent injunction against Daljit Kaur and defendant Nos. 2 and 3 which was decreed and...

...appellant argued that he is the duly constituted attorney of one Shri A.P. Gupta, son and legal heir of late Smt. Krishna Devi the subscriber, against whom BSNL had filed a suit for recovery and as.... Decision Notice: In case the appellant produces an authorization from Mr. A P Gupta (against whom BSNL has instituted a suit for recovery of dues of late Smt. Krishna Devi) the CPIO should furnish the...copy of section 7-B of Indian Telegraph Act. Grounds for the Second Appeal: The CPIO has not provided correct and complete information...

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...file of the Subordinate Court, Nagapattinam, thereby, allowing the petition to implead the petitioner herein as legal heir of the judgment debtor. 2. The respondent herein filed a suit ...passed as against the said H.A.Yusuf Sahib Maraikar. Before execution of the decree, the judgement debtor died. Therefore, the respondent filed a petition to implead the petitioner herein as legal heir...respondent utilizing the circumstance, filed the petition to implead the petitioner as legal heir of the deceased judgement debtor. The Court below allowed the petition with observation that the contention...

... ORAL JUDGMENT 1. Plaintiff is the husband and heir and legal representative of Late Smita Shah, who has filed this suit...for recovery of Rs.1,15,519/- with interest thereon @ 18% p.a. and claimed future interest on Rs.85,895.06/- @ 6% p.a. from the date of the suit till realisation of full and final dues. According to...expired during pendency of the suit. His heirs and legal representatives have not brought on record. Suit 3 against him has...

...ground that the suit for recovery of possession without the prayer for declaration was not maintainable. 6 9. Even if the Wil...a suit for recovery of possession. There is no evidence available on record to show that there are other legal heirs of Kulasekaran. In any event, a suit for recovery of possession filed ... JUDGMENT The plaintiff in the suit is the appellant. He filed a suit for recovery of possession. The suit was decreed b...

...seventh respondent died and the legal heirs are already on record as respondents 4 to 6. 3. The petitioner is the legal heir of the original plaintiff. The original plaintiff filed ...civil miscellaneous appeal and dismissed the appeal for the reason that the legal heir of the deceased plaintiff i.e. the present petitioner herein filed appeal with huge delay. Further stated that...conducting the case. 5. The learned counsel for the petitioner would submit that the suit is filed for declaration and recovery of possession and due to death of the...

...impleaded as his legal heir. The suit instituted by the first respondent for recovery of arrears of rent and damages was dismissed by the trial court. On appeal filed by the first respondent, the lower...till realisation. The plaintiff carried the matter in appeal. By judgment delivered on 8-4-1994, the lower appellate court allowed the appeal and decreed the suit as prayed for. Besides, the arrears of...appellate court decreed the suit. Hence, this second appeal.2. The appellants were the tenants of a shop room owned by the plaintiff. The suit was instituted claiming Rs. 434/- as...

...have a share in the suit property as a legal heir of Aundichi. 8.The plaintiff filed the suit for declaration of title and for recovery of possession. The d...filed the suit for declaration of title and recovery of possession from the legal heirs of her brother.The plaintiff failed to establish the title over the suit property. Therefore, the Courts below are...the suit for declaration of title and for recovery of possession. The suit was dismissed by the trial Court. Aggrieved by the same, the plaintiff has preferred a first appeal and the First Appellate...

... 14 issued for rent were dishonoured, appellant, legal heir, filed suit for recovery of premises -..., by the 2 respondent/plaintiff. The suit was filed seeking relief for the delivery of vacant possession of the...deeds. Due to urgent family expenses, they sold the suit property to the plaintiff for valid consideration, and the sale deed was duly registered in her favour on 20.07.2000. Subsequently, the name...

...the property by right of pre-emption. The plaintiff of the present suit is legal heir of Wazir and sued the defendants who are successors-in-interest of Mohammad Ali for recovery of possession of the.... The zamindari rights having been transferred, Wazir's heirs became entitled to recover the property in 1873 and a suit for its recovery in 1925 is clearly time barred. I dismiss this appeal with costs.S.N/R.K...property in which suit both he and the defendants were parties. In my opinion the second point is dependent on the first; if the defendants held the property merely by way of security for payment of dower...

...appeal, the first defendant passed away. The legal heir was impleaded as additional third appellant.2. A suit for fixation of boundary and recovery of encroached portion was dismissed by the...partition of the year 1972 from one of the sharer. The balance extent of property was subsequently partitioned in a suit for partition of the year 1984 wherein final decree was passed. The plaintiff claims...producing the final decree plan, they have filed a suit for fixation of boundary. In so far as the property held by the defendants under Exhibit B2, having an extent of 7 cents, and the property obtained by...

...and movable property would not arise. Infact in our view, that may create an incongruous situation wherein plaintiff, a legal heir or a creditor for recovery of his debt, files a suit for administ...the administration of the estate of the deceased. A suit for a legacy or for a share of a residue bequeathed by a testator or for a distributive share of the property of an intestate can only be by a legal...administration would depend on the basis of the nature of the suit and also plaintiffs before the court. This is because an administration suit could be by a creditor for recovery of his debt or legal heir...

...principal of law that a legal heir of the deceased before instituting a suit for recovery of debt against a debtor of a deceased person on the basis of succession, has to obtain necessary succession...the same on 12.09.1974 and subsequently, she died leaving behind her, the present plaintiff as her legal heir and therefore, the present plaintiff has instituted the present suit for getting...the debtor for the deceased. 14. The revision petitioner has instituted the present suit claiming to be the legal heir of his deceased wife. The wife of the revision petitioner...

...legal heir.The respondent No. 1 filed one more suit against the appellant and that suit was for recovery of damages and mesne profits for unauthorised use and occupation of ...after termination of his license vide second legal notice dated 8.5.1995 This suit was also contested by the appellant on same ground as taken in the aforementioned suit for mandatory injunction...decree became owner of the suit property by survivorship, being her legal heir. The learned trial court also accepted appellant's plea that deceased, Dhapa Devi, was holding the suit property as a...

...legal heir of original plaintiff has been rejected. 2. Brief facts of the case are that plaintiff filed a suit for declaration, injunction and recovery of possession against respondents...parties, trial Court has rejected the said application for impleadmnet filed by legal heir of original plaintiff/petitioner. 7. Being aggrieved by the impugned order... ''Will'' dated 14/08/2006 has been executed by Shri Chaturbhuj in favour of legal heir of original plaintiff/co-plaintiff Smt.Asha and accordingly, after the deat...

...the matter for re-disposal. 5. Mr. T.S. Anand, learned Counsel for the appellant made the following submissions: (a) Though the plaintiff filed the suit for declaration that she ..., City Civil Court, Hyderabad in decreeing the suit of plaintiff in O.S. No. 128 of 1982 for declaration that she is the only heir, successor of the suit schedule property and for recovery of...entitled to the relief of declaration and for recovery of possession and the suit is barred by limitation. On these pleadings the following issues were settled for trial. 1. Whether...

...petitioner, who is his mother, is also a Class-I legal heir alongwith respondent Nos. 1 and 2, she filed the suit for recovery of her ⅓ share alongwith respondent Nos. 1 and 2 from the amount payable...under the L.I.C. policy consequent to the death of the policyholder and also from the death benefits payable by the 3 respondent-Agriculture Market Committee. In the said suit she sought for recovery of...amount payable under the L.I.C. policy. As her share was not paid to her, she has filed the present suit for recovery of her share from respondent Nos. 3 to 8, who are the authorities of Agriculture...