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Smt. Shashi Kanta And Others vs Smt. Sadhna Midha And Others on 20 August, 2001 cites

Gowrishankar & Anr vs Joshi Amba Shankar Family Trust & Ors on 22 February, 1996

It may be significant to state that only a feeble averment is made in the plaint alleging that the decree is collusive. Otherwise, no details are given as to how the plaintiff claims that the decree is obtained by fraud or is collusive and therefore, null and void. Even there is no prayer for setting aside this ex-parte decree. Therefore, the judgment cited by the plaintiff namely, Ujagar Singh (supra) and judgment in Gowrishankar (supra) have no application to the facts of this case.
Supreme Court of India Cites 3 - Cited by 128 - A M Ahmadi - Full Document

Nagubai Ammal & Others vs B. Shama Rao & Others on 26 April, 1956

Reliance was placed upon the case of Supreme Court entitled Nagubai Ammal and others versus B. Shama Rao and others reported in 1956 SCR 451 wherein the Apex Court had observed that in collusive proceedings, combat is a mere sham on the ground that the facts of the present case are self-explanatory to the extent that the answering defendants, after a prolonged legal battle of 23 years, had acquired their legal right, title and interest in the suit property and to term the protracted legal proceedings by the answering defendants for asserting their rights as collusive is only made to be rejected. Learned counsel also relied upon the following judgments in support of aforesaid submission:-
Supreme Court of India Cites 9 - Cited by 565 - S J Imam - Full Document

Smt. Sayar Bai vs Smt. Yashoda Bai And Ors. on 15 December, 1982

How missing of the same is a mystery. Fact remains that the defendants 1 and 2 cannot have any motive in removing the same as the defendants 1 and 2 have filed the Suit No. 56/84 on the basis of the said Will and got the decree in their favor. Otherwise also even if the Will is not on record now, one can rely upon the judgment and decree dated 14th August, 1986 to ascertain the contents of the Will. Naturally, the said judgment and decrees passed on the basis of the Will (Exh. P-1) holds that Shri Roshan Lal had bequeathed his property (the Suit property) to his grand-daughters i.e. namely the defendants 1 and 2. Therefore, the claim of the plaintiff that as per the said Will Shri Roshan Lal has bequeathed the entire plot to his son Shri Bhupinder Kr. Chaudhary is not correct. Once the said Will is proved before a competent Court of law and on that basis it can be said that Shri Bhupinder Kr. Chaudhary was not the owner of the Suit property, he had no right or authority to sell the Suit property to any one. Therefore, alleged sale by him of the Suit property to any person was of no consequence and did not transfer the interest in the said property in favor of the so-called buyers. Judgment and decree dated 14th August, 1986 in categorical terms holds and declares that transfer or sale made by Shri Bhupinder Kr. Chaudhary in favor of the defendant no. 7-Smt. Santosh Mehta and/or the defendant no. 8-Shri Tilak Raj Aggarwal is illegal, unenforceable and not binding on the plaintiffs in the said Suit i.e. the defendants 1 and 2 herein. The plaintiff in the instant Suit is the successive purchaser who purchased the Suit property to whom it was sold by Smt. Santosh Mehta and Shri Tilak Raj Aggarwal. It is a common case that the Suit property in the meantime has changed several hand. However, when the person to whom it was purportedly sold by Shri Bhupinder Kr. Chaudhary in the first instance was not valid and did not pass any valid title, subsequent sales by them or their successors are also of no consequence. These sales would be illegal and without jurisdiction. it is a well known principle in law that no person can pass on better title than the title he possess. Thus it follows that one who does not possess any title in the property cannot pass valid title in the said property to any other person (Nemo dat quod no habet).
Rajasthan High Court - Jaipur Cites 9 - Cited by 7 - Full Document
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