G.Jayashree & Ors vs Bhagwandas S.Patel & Ors on 19 December, 2008
11. It is also one of the contentions of the petitioner that OP
2694/2018 itself is the result of a collusion between the Original
Petitioner and the respondents. This contention, as rightly held by
the court below, is irrelevant so long as the petitioner has failed to
establish that she has absolute right and transferable interest in the
property. A few decisions brought to our notice by the learned
counsel for the petitioner, in M/s. S.J.S.Business Enterprises (P)
Ltd. Vs. State of Bihar And Ors. [(2004) 7 SCC 166], Indian Bank
v. Satyam Fibres (India) Pvt. Ltd., [(1996) 5 SCC 550], Prestige
Lights Ltd. v. State Bank of India [(2007) 8 SCC 449], K.D.Sharma
v. Steel Authority of India Ltd. and Ors. [(2008) 12 SCC 481] ,
O.P.(FC) No.85/2019 9
G.Jayashree and Ors. v. Bhagwandas S.Patel and Ors. [(2009) 3
SCC 141] holding that fraud and collusion will not create legal
interests on the parties, have no relevance so far as the facts of this
case are concerned, especially because the petitioner has not been
able to substantiate that she acquired any absolute right in the
property in terms of Ext.A1 Will other than a limited interest not
capable of surviving her.